Rodriguez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 REBEKAH RODRIGUEZ, individually Case No.: 23-cv-00821-H-KSC and on behalf of all others similarly 13 situated, ORDER DENYING DEFENDANT’S MOTION TO DISMISS AS MOOT Plaintiff,

15 v. [Doc. No. 3.] 16 ZENNI OPTICAL, INC., a California corporation; and DOES 1 through 10, inclusive, 18 Defendants.

On May 11, 2023, Defendant Zenni Optical, Inc. filed a motion to dismiss Plaintiff’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. (Doc. No. 3.) On May 22, 2023, in lieu of filing an opposition to the motion to dismiss, Plaintiff Rebekah Rodriguez filed a first amended complaint. (Doc. No. 6.) See Fed. R. Civ. P. 15(a)(1)(B); Sanford v. Motts, 258 F. 3d 1117, 1120 (9th Cir. 2001) (“Fed. R. Civ. P. 15(a) gives a plaintiff one opportunity to amend as of right.”). In light of Plaintiff’s amended pleading, the Court denies as moot Defendant’s motion to dismiss Plaintiff’s 27 …