Summary
The United States District Court for the District of Oregon denied as moot two motions to dismiss filed against the original complaint in a 42 U.S.C. § 1983 action and related Oregon Tort Claims Act negligence claim. The court held that the First Amended Complaint superseded the original complaint, rendering the motions directed to the original complaint moot.
Holdings
- A first amended complaint supersedes the original complaint, rendering motions directed at the original complaint moot.
Questions Presented
- Whether defendants' motions to dismiss the original complaint became moot after plaintiff filed a first amended complaint.
- Whether motions directed at a complaint superseded by an amended complaint should be denied.
Disposition
other
Cases Cited (3)
- Ramirez v. Cnty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015)(followed)
- Singh v. Trump, 2019 2192127, at *2 (D. Or. May 21, 2019)(followed)
- United States v. Shofner Iron & Steel Works, 71 F. Supp. 161, 162 (D. Or. 1947)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…