Kennedy v. Eifler, 2:18-cv-526-FtM-38CM. (2018)
Court: District Court, M.D. Florida
Number: infdco20180921b18
Visitors: 13
Filed: Sep. 20, 2018
Latest Update: Sep. 20, 2018
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Joerg Eifler's Motion to Dismiss Complaint (Doc. 12). Plaintiff Patricia Kennedy has since filed an Amended Complaint (Doc. 13). Because an amended pleading supersedes an original, motions directed at the superseded pleading are moot. See Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342 , 1345 n.1 (11th Cir. 1999) ("An amended complaint supersedes an original complaint."). Thus, the Court will deny Joerg Eifle
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Joerg Eifler's Motion to Dismiss Complaint (Doc. 12). Plaintiff Patricia Kennedy has since filed an Amended Complaint (Doc. 13). Because an amended pleading supersedes an original, motions directed at the superseded pleading are moot. See Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342 , 1345 n.1 (11th Cir. 1999) ("An amended complaint supersedes an original complaint."). Thus, the Court will deny Joerg Eifler..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Before the Court is Joerg Eifler's Motion to Dismiss Complaint (Doc. 12). Plaintiff Patricia Kennedy has since filed an Amended Complaint (Doc. 13). Because an amended pleading supersedes an original, motions directed at the superseded pleading are moot. See Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342, 1345 n.1 (11th Cir. 1999) ("An amended complaint supersedes an original complaint."). Thus, the Court will deny Joerg Eifler's motion as moot.
Accordingly, it is now ORDERED:
Defendant Joerg Eifler's Motion to Dismiss Complaint (Doc. 12) is DENIED as moot.
DONE and ORDERED.
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Source: Leagle
