Filed: Aug. 04, 2014
Latest Update: Aug. 04, 2014
Summary: ORDER MARCIA MORALES HOWARD, District Judge. THIS CAUSE is before the Court sua sponte. On July 28, 2014, Defendants filed their First Amended Answer (Doc. 23; Amended Answer), which rendered moot Plaintiff, Advantus, Corp.'s, Motion to Dismiss Counterclaim and Incorporated Memorandum of Law (Doc. 19), filed on July 11, 2014. See Malowney v. Federal Collection Deposit Group, 193 F.3d 1342 , 1345 n.1 (11th Cir. 1999) (noting that "[a]n amended complaint supersedes an original complaint")
Summary: ORDER MARCIA MORALES HOWARD, District Judge. THIS CAUSE is before the Court sua sponte. On July 28, 2014, Defendants filed their First Amended Answer (Doc. 23; Amended Answer), which rendered moot Plaintiff, Advantus, Corp.'s, Motion to Dismiss Counterclaim and Incorporated Memorandum of Law (Doc. 19), filed on July 11, 2014. See Malowney v. Federal Collection Deposit Group, 193 F.3d 1342 , 1345 n.1 (11th Cir. 1999) (noting that "[a]n amended complaint supersedes an original complaint");..
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ORDER
MARCIA MORALES HOWARD, District Judge.
THIS CAUSE is before the Court sua sponte. On July 28, 2014, Defendants filed their First Amended Answer (Doc. 23; Amended Answer), which rendered moot Plaintiff, Advantus, Corp.'s, Motion to Dismiss Counterclaim and Incorporated Memorandum of Law (Doc. 19), filed on July 11, 2014. See Malowney v. Federal Collection Deposit Group, 193 F.3d 1342, 1345 n.1 (11th Cir. 1999) (noting that "[a]n amended complaint supersedes an original complaint"); Meterlogic, Inc. v. Copier Solutions, Inc., 185 F.Supp.2d 1292, 1297 (S.D. Fla. 2002) (noting that the plaintiff's filing of an amended complaint "rendered moot the parties' previous pleadings and the defendants' summary judgment and Daubert motions"). Indeed, the Amended Answer withdraws Defendants' previously asserted counterclaims. See generally Amended Answer; see also T2 Products' Response to Advantus' Motion to Dismiss Counterclaim (Doc. 24), filed July 28, 2014. In light of the foregoing, it is
ORDERED:
Plaintiff, Advantus, Corp.'s, Motion to Dismiss Counterclaim and Incorporated Memorandum of Law (Doc. 19) is DENIED as moot.
DONE AND ORDERED.
