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McCOY v. DEFENDERS, INC., 3:17-cv-207 (DCB) (LRA). (2017)

Court: District Court, S.D. Mississippi Number: infdco20170914c09 Visitors: 3
Filed: Sep. 13, 2017
Latest Update: Sep. 13, 2017
Summary: ORDER DAVID BRAMLETTE , District Judge . This cause is before the Court on the defendant Defenders, Inc.'s Motion to Dismiss or, Alternatively, to Strike Class Allegations (docket entry 6), and on Defenders, Inc.'s Motion for Judgment on the Pleadings (docket entry 19). On August 29, 2017, Magistrate Judge Linda R. Anderson filed a Text Order granting the plaintiffs' Motion to File First Amended Complaint, and the plaintiffs filed their Amended Complaint also on August 29, 2017. In lig
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ORDER

This cause is before the Court on the defendant Defenders, Inc.'s Motion to Dismiss or, Alternatively, to Strike Class Allegations (docket entry 6), and on Defenders, Inc.'s Motion for Judgment on the Pleadings (docket entry 19). On August 29, 2017, Magistrate Judge Linda R. Anderson filed a Text Order granting the plaintiffs' Motion to File First Amended Complaint, and the plaintiffs filed their Amended Complaint also on August 29, 2017.

In light of the Amended Complaint, the Court shall deny without prejudice the defendant's Motion to Dismiss or, Alternatively, to Strike Class Allegations, and shall also deny without prejudice the defendant's Motion for Judgment on the Pleadings, inasmuch as the prior Complaint has been superseded by the Amended Complaint. See Anderson v. USAA Cas. Ins. Co., 218 F.R.D. 307, 308 (D.D.C. 2003).

Accordingly,

IT IS HEREBY ORDERED that the defendant's Motion to Dismiss or, Alternatively, to Strike Class Allegations (docket entry 6), is DENIED AS MOOT, with leave to re-file;

FURTHER ORDERED that the defendant's Motion for Judgment on the Pleadings (docket entry 19) is DENIED AS MOOT, with leave to re-file.

SO ORDERED.

Source:  Leagle

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