Farrell v. Manteris-Sunstrum Companies, LLC ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 pf USA FARRELL, Case No.: 2:19-cv-00029-GMN-NJK Plaintiff(s), 12 ORDER 13 [Docket Nos. 19, 20] 4 MLO. ERIS SUNSTRUM COMPANIES, 15 Defendant(s). 16 On December 16, 2019, Plaintiff filed an amended complaint. Docket No. 18. On 17|| December 17, 2019, Plaintiff filed a motion to withdraw that amended complaint and a motion for 18]| leave to amend. Docket Nos. 19, 20. So long as no responsive pleading or enumerated Rule 12 19|| motion has been served, a plaintiff is permitted to amend her complaint once without leave of 20] court. See, e.g., Vanguard Outdoor, LLC v. City of Los Angeles, 648 F.3d 737, 748 (9th Cir. 2011) (adopting district court opinion as its own). As no responsive pleading or enumerated Rule 12 22] motion has been served, Plaintiff does not need to seek leave to file an amended complaint. Accordingly, the amended complaint at Docket No. 18 is now the operative complaint. The motions at Docket Nos. 19 and 20 are DENIED as moot. 25 IT IS SO ORDERED. 26 Dated: December 18, 2019 Ke. Nancy J. Koppe \. 28 United States Magistrate Judge