The court concluded that the defendants’ challenges to the first amended complaint were rendered without legal effect by the plaintiffs’ May 5 filing, which added new allegations.
The order addresses pending motions filed by 3M, DuPont De Nemours Inc., The Chemours Company, The Chemours Company FC LLC, Corteva Inc., Globe Manufacturing Company LLC, W.L. Gore & Associates Inc. and Lion Group Inc.
The court cited Ninth Circuit and Eastern District of California precedent establishing that an amended complaint supersedes the original pleading, generally rendering any pending motion to dismiss directed version moot.
Defendants were granted 14 days from the May 13 order to file renewed motions to dismiss targeting the second amended complaint.
The case, docketed as 2:25-cv-00036, continues in the District of Montana’s Butte Division.