Global Rescue Jets LLC v. Kaiser Foundation Health Plan, Inc. ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 GLOBAL RESCUE JETS LLC, a Case No.: 3:19-cv-01737-L-NLS 11 Delaware corporation d/b/a JET RESCUE, ORDER: 12 Plaintiff, (1) GRANTING PLAINTIFF’S 13 MOTION TO VACATE [Doc. 10]; v. AND 14 (2) DENYING AS MOOT 15 KAISER FOUNDATION HEALTH DEFENDANT’S MOTION TO PLAN, INC., a California corporation, DISMISS [Doc. 5] 16 d/b/a Kaiser Permanente, 17 Defendant. 18 19 On September 17, 2019, Defendant filed a motion to dismiss pursuant to Federal 20 Rule of Civil Procedure 12(b)(1) [Doc. 5]. Instead of filing an opposition, on October 21 8, 2019, Plaintiff filed an amended complaint. See Doc. 8. Pursuant to Federal Rule of 22 Civil Procedure 15(a), the amended complaint was timely filed as of right. An amended 23 complaint supersedes a prior complaint as a pleading. Ramirez v. County of San 24 Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). Accordingly, Defendants' motion to 25 dismiss the initial complaint is DENIED AS MOOT. 26 On October 14, 2019, Plaintiff’s also filed a motion to vacate the hearing date 27 related to Defendant’s motion to dismiss. In light of Plaintiff filling an amended 28 1 ||complaint, the briefing schedule and its attendant hearing date shall be vacated. 2 || Accordingly, Plaintiff's motion to vacate is GRANTED. 3 IT IS SO ORDERED. 4 5 ||Date: October 15, 2018 Yi 7 Hon. James LorenzH g United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-