Wright v. Ulta Salon, Cosmetics & Fragrance, Inc.

Summary

The United States District Court for the Southern District of California denied Ulta Salon, Cosmetics & Fragrance, Inc.'s motion to dismiss as moot. The court held that Plaintiff Joan Wright's amended complaint, filed as of right under Federal Rule of Civil Procedure 15(a)(1)(B), superseded the original complaint and rendered the motion directed at that pleading moot. Ulta was ordered to respond to the amended complaint or request an extension under Rule 15(a)(3).

Holdings

1. An amended complaint that supersedes and replaces the original complaint renders moot a motion to dismiss directed at the original pleading.

Questions Presented

1. Whether a plaintiff's amended complaint filed as of right supersedes the original complaint and renders moot a pending motion to dismiss the original complaint.

Disposition

other