Filed: May 07, 2014
Latest Update: May 07, 2014
Summary: ORDER JANE MAGNUS-STINSON, District Judge. Plaintiff Sonya J. Abrams filed this putative class action on February 24, 2014, alleging that Defendant FMS Investment Corp. (" FMS ") has violated the Fair Debt Collection Practices Act. [ Filing No. 1. ] On April 24, 2014, FMS filed a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). [ Filing No. 18. ] On May 6, 2014, Ms. Abrams filed an Amended Complaint. 1 [ Filing No. 24. ] "When a plaintiff files an amended complaint, t
Summary: ORDER JANE MAGNUS-STINSON, District Judge. Plaintiff Sonya J. Abrams filed this putative class action on February 24, 2014, alleging that Defendant FMS Investment Corp. (" FMS ") has violated the Fair Debt Collection Practices Act. [ Filing No. 1. ] On April 24, 2014, FMS filed a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). [ Filing No. 18. ] On May 6, 2014, Ms. Abrams filed an Amended Complaint. 1 [ Filing No. 24. ] "When a plaintiff files an amended complaint, th..
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ORDER
JANE MAGNUS-STINSON, District Judge.
Plaintiff Sonya J. Abrams filed this putative class action on February 24, 2014, alleging that Defendant FMS Investment Corp. ("FMS") has violated the Fair Debt Collection Practices Act. [Filing No. 1.] On April 24, 2014, FMS filed a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). [Filing No. 18.] On May 6, 2014, Ms. Abrams filed an Amended Complaint.1 [Filing No. 24.]
"When a plaintiff files an amended complaint, the new complaint supersedes all previous complaints and controls the case from that point forward." Massey v. Helman, 196 F.3d 727, 735 (7th Cir. 1999). Thus, FMS' pending Motion to Dismiss is moot. See, e.g., Energy Mgmt. Int'l, Inc v. Indopco, Inc., 2007 WL 3232217 n.1 (S.D. Ind. 2007) (denying as moot a pending motion to dismiss in light of an amended complaint).
Accordingly, FMS' pending Motion to Dismiss is DENIED AS MOOT. [Filing No. 18.] FMS shall answer or otherwise respond to Ms. Abrams' Amended Complaint, [Filing No. 24], as set forth in the Federal Rules of Civil Procedure.
FootNotes
1. Federal Rule of Civil Procedure 15(a)(1)(B) allows a plaintiff to amended her complaint once as a matter of course if it is done within 21 days after service of a motion under Rule 12(b).
