Salazar
Salazar v. Victoria's Secret & Co.
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 VIVIAN SALAZAR, Case No. 23-cv-06654-MMC
Plaintiff, ORDER DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS; v. VACATING HEARING
VICTORIA'S SECRET & CO., Defendant.
13 Before the Court is defendant Victoria's Secret & Co.'s Motion to Dismiss, filed May 8, 2024, pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. On May 22, 2024, plaintiff Vivian Salazar filed a First Amended Class Action Complaint ("FAC"). A party may amend a pleading "once as a matter of course within . . . 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier." See Fed. R. Civ. P. 15(a)(1). "[A]n amended pleading supersedes the original, the latter being treated thereafter as non-existent." Bullen v. De Bretteville, 239 F.2d 824, 833 (9th Cir. 1956), cert. denied, 353 U.S. 947 (1957); see also …