Can an amended complaint change the classification of the Third Party Plaintiffs?

MultiRegion, United States of America

The following excerpt is from Carlin v. Dairyamerica, Inc., Case No. 1:09-cv-00430-AWI-EPG (E.D. Cal. 2017):

The parties differ on whether the filing of an amended complaint constitutes a sufficient basis to change the classification of the Third-Party Plaintiffs. It is a well-established principle that, in the normal course, an amended complaint "supersedes the original, the latter being treated thereafter as non-existent." Lacey v. Maricopa Cty., 693 F.3d 896, 925 (9th Cir. 2012). Thus, a claim or party can be eliminated from the case merely by filing an amended complaint that does not rename that claim or party. See id.

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