Prieto Automotive, Inc. v. Volvo Car USA, LLC ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 PRIETO AUTOMOTIVE, INC., et al., Case No. 1:21-cv-01085-DAD-EPG 11 Plaintiffs, ORDER APPROVING JOINT STIPULATION TO FILE FIRST AMENDED COMPLAINT, 12 v. DIRECTING CLERK TO TERMINATE PENDING MOTIONS TO DISMISS AS 13 VOLVO CAR USA, LLC, et al., MOOT 14 Defendants. (ECF Nos. 11, 12, 26) 15 16 This matter is before the Court on the parties’ joint stipulation to permit Plaintiffs to file a 17 first amended complaint. The parties explain that Plaintiffs wish to file a first amended complaint 18 to “add[] a single claim for fraudulent concealment against Richard Aaron, who is 19 not currently a party to this lawsuit,” and that all parties have agreed that Plaintiffs be permitted 20 to file a first amended complaint, which is attached to the stipulation. (ECF No. 26). Further, the 21 parties stipulate that Defendants shall file responses to the first amended complaint as required by 22 the Federal Rules of Civil Procedure and the Local Rules, and that Plaintiff shall serve the newly 23 added Defendant Richard Aaron in accordance with the applicable Rules. 24 Under Federal Rule of Civil Procedure 15(a)(2), a party may amend its pleading with the 25 opposing parties’ written consent. Such consent having been obtained here, the Court will 26 approve the parties’ stipulation. Additionally, the Court notes that the pending motions to dismiss 27 will be rendered moot with the filing of the first amended complaint, and will thus direct the 28 1 | Clerk to terminate those motions as pending from the docket. (ECF Nos. 11, 12). Fletcher v. 2 | Baca, No. CV 07-4180 FMC(UJC), 2009 WL 10711624, at *2 (C.D. Cal. Mar. 31, 2009), report 3 | and recommendation adopted, No. CV 07-4180 JHNGJC), 2010 WL 11646644 (C.D. Cal. Sept. 4 | 28, 2010) (“A motion to dismiss an original complaint which has been superseded by a first 5 | amended complaint is moot.”). Lastly, the Court will direct the parties to contact the Court’s 6 | courtroom deputy to set a scheduling conference. (See ECF No. 14). 7 Accordingly, IT IS ORDERED as follows: 8 1. The parties’ joint stipulation to permit Plaintiffs to file a first amended complaint (ECF 9 No. 26) is approved; 10 2. The Clerk is directed to file, as a separate entry on the docket, Plaintiffs’ first amended 11 complaint (ECF No. 26-1, pp. 2-42); 12 3. Defendants shall file a response to the first amended complaint as required by the 13 applicable Rules; 14 4. Plaintiffs shall serve newly added Defendant Richard Aaron as required by the applicable 15 Rules; 16 5. The Clerk is directed to terminate the pending motions to dismiss (ECF Nos. 11, 12) as 17 moot; and 18 6. The parties are directed to contact Courtroom Deputy Michelle Rooney 19 (mrooney @caed.uscourts.gov) no later than April 14, 2022, to set a new scheduling 20 conference date. 21 IT IS SO ORDERED. 23 | Dated: _ April 8, 2022 [Je hey UNITED STATES MAGISTRATE JUDGE 25 26 27 28