Spears v. SHK Consulting and Development, Inc., 2:18-cv-286-FtM-38MRM. (2018)
Court: District Court, M.D. Florida
Number: infdco20180726a50
Visitors: 5
Filed: Jul. 25, 2018
Latest Update: Jul. 25, 2018
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court are Defendant David Nirenberg's and Defendant SHK Consulting and Development, Inc.'s motions to dismiss the Complaint. (Doc. 15; Doc. 18). Plaintiff Daniel C. Spears has since filed an Amended Complaint. (Doc. 31). Because the Amended Complaint is the operative pleading, the Court denies Defendants' motions to dismiss as moot. See Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342 , 1345 n.1 (11th Cir. 1999) (notin
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court are Defendant David Nirenberg's and Defendant SHK Consulting and Development, Inc.'s motions to dismiss the Complaint. (Doc. 15; Doc. 18). Plaintiff Daniel C. Spears has since filed an Amended Complaint. (Doc. 31). Because the Amended Complaint is the operative pleading, the Court denies Defendants' motions to dismiss as moot. See Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342 , 1345 n.1 (11th Cir. 1999) (noting..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Before the Court are Defendant David Nirenberg's and Defendant SHK Consulting and Development, Inc.'s motions to dismiss the Complaint. (Doc. 15; Doc. 18). Plaintiff Daniel C. Spears has since filed an Amended Complaint. (Doc. 31). Because the Amended Complaint is the operative pleading, the Court denies Defendants' motions to dismiss as moot. See Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342, 1345 n.1 (11th Cir. 1999) (noting, "[a]n amended complaint supersedes an original complaint" (citation omitted)).
Accordingly, it is now
ORDERED:
(1) Defendant David Nirenberg's Motion to Dismiss (Doc. 15) is DENIED as moot.
(2) Defendant SHK Consulting and Development, Inc.'s Motion to Dismiss (Doc. 18) is DENIED as moot.
(3) Defendants have on or before August 8, 2018, to respond to the Amended Complaint.
DONE and ORDERED.
FootNotes
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Source: Leagle
