Global Rescue Jets LLC v. Kaiser Foundation Health Plan, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
10 GLOBAL RESCUE JETS LLC, a Case No.: 3:19-cv-01737-L-NLS Delaware corporation d/b/a JET RESCUE,
ORDER:
12 Plaintiff, (1) GRANTING PLAINTIFF’S MOTION TO VACATE [Doc. 10]; v. AND 14 (2) DENYING AS MOOT KAISER FOUNDATION HEALTH DEFENDANT’S MOTION TO PLAN, INC., a California corporation, DISMISS [Doc. 5] d/b/a Kaiser Permanente,
Defendant. 18 On September 17, 2019, Defendant filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) [Doc. 5]. Instead of filing an opposition, on October 8, 2019, Plaintiff filed an amended complaint. See Doc. 8. Pursuant to Federal Rule of Civil Procedure 15(a), the amended complaint was timely filed as of right. An amended complaint supersedes a prior complaint as a pleading. Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). Accordingly, Defendants' motion to dismiss the initial complaint is DENIED AS MOOT. …