Shamoun v. Republic of Iraq ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 LOALOA SHAMOUN, Case No. 19-cv-832-MMA (BLM) 12 Plaintiff, ORDER DENYING AS MOOT 13 v. GOVERNMENT DEFENDANTS’ MOTION TO DISMISS AND 14 REPUBLIC OF IRAQ, EMBASSY OF VACATING HEARING DATE THEREPUBLIC OF IRAQ, THE 15 INDEPENDENT HIGH ELECTORAL [Doc. No. 16] 16 COMMISSION, and SHEFAN KHOSHO, 17 Defendants. 18 19 On May 3, 2019, Loaloa Shamoun, (“Plaintiff”) filed a Complaint against the 20 Republic of Iraq (“Republic”), the Embassy of the Republic of Iraq (“Embassy”), and the 21 Independent High Electoral Commission (“Commission”) (collectively, “Government 22 Defendants”)—as well as against Shefan Khosho (“Khosho”). Doc. No. 1.1 On 23 December 2, 2019, Government Defendants filed a motion to dismiss pursuant to Federal 24 Rules of Civil Procedure 12(b)(1), 12(b)(2), and 12(b)(6). Doc. No. 16. On December 25 20, 2019, Plaintiff filed a First Amended Complaint (“FAC”). Doc. No. 17. 26 27 28 1 Plaintiff has not previously amended her Complaint and has timely filed her FAC 2 || within twenty-one days after service of Government Defendants’ Rule 12(b) motion. See 3 || Fed. R. Civ. P. 15(a)(1)(B). Accordingly, the complaint which Government Defendants 4 ||seek to dismiss is no longer the operative pleading in this action, as an amended 5 ||complaint supersedes the original complaint. See Ramirez v. Cnty. of San Bernardino, 6 F.3d 1002, 1008 (9th Cir. 2015) (citing Forsyth v. Humana, Inc., 114 F.3d 1467, 7 || 1474 (9th Cir. 1997), overruled on other grounds by Lacey v. Maricopa Cnty., 693 F.3d 8 || 896, 927-28 (9th Cir. 2012)). As such, the Court DENIES AS MOOT Government 9 || Defendants’ motion to dismiss and VACATES the motion hearing previously scheduled 10 || for January 13, 2020. 11 IT IS SO ORDERED. 12 || DATE: December 30, 2019 LMiitah lb feluclle 3 HON. ICHAEL M. ANELLO United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28