Akther v. Hayes

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United States District Court
Northern District of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
HASNA AKTHER,
Plaintiff,
v.
RICHARD A. HAYES,
Defendant.
Case No. 26-cv-07139-TSH
ORDER RE: DEFENDANT'S MOTION
TO DISMISS
Re: Dkt. No. 10
Plaintiff Hasna Akther, who is self-represented, brings this action against Defendant
Richard A. Hayes. ECF No. 1. On August 28, 2026, Akther filed the operative First Amended
Complaint (“FAC”).1 ECF No. 8.
Pending before the Court is Hayes’s Motion to Dismiss Akther’s Complaint under Federal
Rule of Civil Procedure 12(b)(6). ECF No. 10 (“Mot.”). Hayes moves to dismiss the original
Complaint. Mot. at 3. However, the Motion is moot as it was filed after Akther filed her FAC.
Accordingly, the Court DENIES WITHOUT PREJUDICE Hayes’s Motion to Dismiss.2
Hayes shall file a response to the FAC within fourteen days of this order.
IT IS SO ORDERED.
Dated: October 15, 2026
THOMAS S. HIXSON
United States Magistrate Judge
1 The parties filed a joint case management statement on October 8, 2026. ECF No. 16. The
statement erroneously states: “Plaintiff has also filed a Motion for Leave to File a First Amended
Complaint, which remains pending.” Id. at 5. On August 26, 2026, the Court explained that
Akther may file a FAC as a matter of course. ECF No. 7. Akther then filed her FAC. ECF No. 8.
2 The parties consent to magistrate judge jurisdiction pursuant to 28 U.S.C. § 636(c). ECF Nos. 2,
10-2.
Case 3:26-cv-07139-TSH Document 17 Filed 10/15/26 Page 1 of 1