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2 3 4 5 6 7 United States District Court 8 Central District of California 9 10 11 MYRA STEEN, Individually, and as Case № 2:20-cv-11226-ODW (SKx) 12 successor-in-interest to JANICE 13 WILLIAMS and on Behalf of the Class, et ORDER DENYING MOTION TO 14 al., DISMISS AS MOOT [29] 15 Plaintiffs, 16 v. 17 AMERICAN NATIONAL INSURANCE 18 COMPANY, 19 Defendant. 20 On November 9, 2021, Defendant American National Insurance Company 21 served Plaintiffs Myra Steen and Janet Williams with a Federal Rule of Civil 22 Procedure (“Rule”) 12(b)(6) Motion to Dismiss. (ECF No. 29.) On November 24, 23 2021, Plaintiffs filed a First Amended Complaint, fifteen days after Defendant filed its 24 Motion. (ECF No. 30.) Federal Rule of Civil Procedure 15(a)(1) allows plaintiffs to 25 file an amended complaint once as a matter of course within twenty-one days of being 26 served with a Rule 12(b) motion. While Rule 15(a)(1) does not expressly indicate 27 whether it applies when, as here, a first motion to dismiss was mooted some time ago 28 by the staying of the case, it appears that application of Rule 15(a)(1) in this instance 1 || would effectuate its purpose of giving a pleading party one opportunity early on in the 2|| proceedings to adjust their pleading. Moreover, Defendant has not filed any 3 || opposition to amendment, and the parties agree that the California Supreme Court’s recent decision in McHugh v. Protective Life Insurance Company has a direct effect 5|| on their own case. Amendment therefore furthers justice as provided by Rule 6 || 15(a)(2). Accordingly, Plaintiffs’ leave to amend in this instance arises from both Rule 15(a)(1) and Rule 15(a)(2). 8 Plaintiffs’ amended complaint was proper. As Defendant’s pending Motion to 9 || Dismiss was based on a complaint that is no longer operative, the Motion is DENIED 10 | as MOOT. (ECF No. 29); see Ramirez v. County of San Bernardino, 806 F.3d 1002, 11 | 1008 (9th Cir. 2015). 12 13 IT IS SO ORDERED. 14 15 December 3, 2021 ss 16 fy Gidllid 18 OTIS D. WRIGHT, II 9 UNITED STATES DISTRICT JUDGE

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