Beal
Beal v. Green Rush Group, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JORDAN BEAL, individually and on Case No.: 20-cv-2195-MMA (BGS) behalf of all others similarly situated,
ORDER DENYING MOTION TO
DISMISS WITHOUT PREJUDICE Plaintiff, AS MOOT v. [Doc. No. 6] GREEN RUSH GROUP, INC., et al., 15 Defendants. 16 17 Plaintiff Jordan Beal (“Plaintiff”) brings this putative class action against Green Rush Group, Inc. (“Defendant”) alleging violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. (“TCPA”). See Doc. No. 1. On April 23, 2021, Defendant filed a motion to dismiss Plaintiff’s TCPA claims. See Doc. No. 6. On April 26, 2021, Plaintiff filed an Amended Complaint in lieu of a response to the pending motion to dismiss. See Doc. No. 7. Under Federal Rule of Civil Procedure 15(a), a party may amend its pleading “as a matter of course . . . 21 days after service of a motion under Rule 12(b).” Fed. R. Civ. P. 15(a)(1)(B). Plaintiff’s Amended Complaint is timely filed under the rule and supersedes the…