Green Source Holdings, LLC v. Ingevity Corporation, 1:18-cv-1067. (2019)
Court: District Court, W.D. Arkansas
Number: infdco20190116950
Visitors: 10
Filed: Jan. 15, 2019
Latest Update: Jan. 15, 2019
Summary: ORDER SUSAN O. HICKEY , District Judge . Before the Court is Defendants' Motion to Dismiss. (ECF No. 21). Plaintiff filed a response. (ECF No. 30). The Court finds the matter ripe for consideration. On December 28, 2018, Defendants moved for dismissal pursuant to Federal Rules of Civil Procedure 12(b)(3) and 12(b)(6), arguing that venue is improper in this district and that Plaintiff failed to state a claim upon which relief may be granted. On January 11, 2019, Plaintiff filed an amended
Summary: ORDER SUSAN O. HICKEY , District Judge . Before the Court is Defendants' Motion to Dismiss. (ECF No. 21). Plaintiff filed a response. (ECF No. 30). The Court finds the matter ripe for consideration. On December 28, 2018, Defendants moved for dismissal pursuant to Federal Rules of Civil Procedure 12(b)(3) and 12(b)(6), arguing that venue is improper in this district and that Plaintiff failed to state a claim upon which relief may be granted. On January 11, 2019, Plaintiff filed an amended c..
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ORDER
SUSAN O. HICKEY, District Judge.
Before the Court is Defendants' Motion to Dismiss. (ECF No. 21). Plaintiff filed a response. (ECF No. 30). The Court finds the matter ripe for consideration.
On December 28, 2018, Defendants moved for dismissal pursuant to Federal Rules of Civil Procedure 12(b)(3) and 12(b)(6), arguing that venue is improper in this district and that Plaintiff failed to state a claim upon which relief may be granted. On January 11, 2019, Plaintiff filed an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), which, inter alia, allows a party to amend a pleading as a matter of course within twenty-one days after service of a Rule 12(b) motion. (ECF No. 29).
Plaintiff's original complaint (ECF No. 1) is now inoperative and superseded by the amended complaint. Accordingly, the Court finds that Defendants' motion to dismiss (ECF No. 21), which is directed to the original complaint, should be and hereby is DENIED AS MOOT.
IT IS SO ORDERED.
Source: Leagle
