Filed: Feb. 21, 2020
Latest Update: Feb. 21, 2020
Summary: ORDER PAUL G. GARDEPHE , District Judge . On July 3, 2019, Plaintiff commenced this action by filing a complaint in the Supreme Court of the State of New York, County of Rockland. (Cmplt. (Dkt. No. 1-1)) On August 12, 2019, Defendants removed the case to this District. (Notice of Removal (Dkt. No. 1)) Through papers filed on August 19, 2019, Defendants moved to dismiss the complaint. (Dkt. No. 16) By letter dated October 8, 2019 (Dkt. No. 27), Plaintiff sought leave to file an amended comp
Summary: ORDER PAUL G. GARDEPHE , District Judge . On July 3, 2019, Plaintiff commenced this action by filing a complaint in the Supreme Court of the State of New York, County of Rockland. (Cmplt. (Dkt. No. 1-1)) On August 12, 2019, Defendants removed the case to this District. (Notice of Removal (Dkt. No. 1)) Through papers filed on August 19, 2019, Defendants moved to dismiss the complaint. (Dkt. No. 16) By letter dated October 8, 2019 (Dkt. No. 27), Plaintiff sought leave to file an amended compl..
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ORDER
PAUL G. GARDEPHE, District Judge.
On July 3, 2019, Plaintiff commenced this action by filing a complaint in the Supreme Court of the State of New York, County of Rockland. (Cmplt. (Dkt. No. 1-1)) On August 12, 2019, Defendants removed the case to this District. (Notice of Removal (Dkt. No. 1)) Through papers filed on August 19, 2019, Defendants moved to dismiss the complaint. (Dkt. No. 16) By letter dated October 8, 2019 (Dkt. No. 27), Plaintiff sought leave to file an amended complaint. On October 23, 2019, Judge Deborah A. Batts — to whom this case was previously assigned — granted Plaintiff's application, and Plaintiff filed an amended complaint one week later. (Am. Cmplt. (Dkt. No. 32)) On November 12, 2019, Defendants filed a motion to dismiss the amended complaint. (Dkt. No. 33)
Because Plaintiff amended his complaint, Defendants' motion to dismiss the initial complaint (Dkt. No. 16) is denied as moot. See, e.g., Effie Film, LLC v. Murphy, No. 11 CIV. 783 (TPG), 2012 WL 716556, at *3 (S.D.N.Y. Mar. 6, 2012) ("In light of [plaintiff's]. . . amended complaint, . . ., [defendant's] motion to dismiss the original complaint is denied as moot.").
The Clerk of Court is directed to terminate Dkt. No. 16.
SO ORDERED.
