SmarterSwipe, Inc. v. Navarrete ( 2024 )

1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3 4 |\SmarterSwipe, Inc., Case No. 2:24-ev-00299-CDS-MDC 5 Plaintiff Order Granting Plaintiff's Motion to Amend, Denying Motion to Dismiss, and 6 V. Approving Substitution of Counsel 7 |\|Carlos Navarrete, et al., [ECF Nos. 3, 39, 43] 8 Defendants 9 10 Plaintiff SmarterSwipe, Inc.’s motion to file an amended complaint [ECF No. 43] is 11 ||granted. An “amended complaint supersedes the original, the latter being treated thereafter as 12 ||non-existent.” Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015) (internal 13 |/citation omitted)). Strictly speaking, “the original pleading no longer performs any function ....” 14 || Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Consequently, defendant Emmanuel 15 ||Gonzalez’s motion to dismiss [ECF No. 3] is denied as moot. 16 The Clerk of Court is kindly instructed to file SmarterSwipe’s amended complaint 17 (attached as exhibit 1 to the motion to amend at ECF No. 43-1) on the docket as SmarterSwipe’s 18 |/first amended complaint. 19 Further, defendants Robert Porras and Brian Silva’s notice to substitute Jennifer L. 20 ||Braster of Naylor & Braster Attorneys at Law PLLC as counsel in the place of Jones Lovelock 21 || [ECF No. 39] is granted. /) 22 Dated: June 4, 2024 / / SZ 24 Cristing’D. Silva Uni ed States District Judge 25 26