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MARYLAND CASUALTY COMPANY v. DUBLIN EYE ASSOCIATES, P.C., CV 315-081. (2016)

Court: District Court, S.D. Georgia Number: infdco20160210c70 Visitors: 3
Filed: Feb. 09, 2016
Latest Update: Feb. 09, 2016
Summary: ORDER BRIAN K. EPPS , Magistrate Judge . Pursuant to Federal Rule of Civil Procedure 15(a)(2), Plaintiffs have obtained consent to amend the complaint from the only Defendant to have made an appearance in this case, Dr. James Y. Jones. (Doc. no. 14.) Plaintiffs filed a document styled "Amended Complaint for Declaratory Judgment," in which they attempt to incorporate by reference all allegations of the original complaint except for a new paragraph three. (Doc. no. 15.) However, in the Eleven
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ORDER

Pursuant to Federal Rule of Civil Procedure 15(a)(2), Plaintiffs have obtained consent to amend the complaint from the only Defendant to have made an appearance in this case, Dr. James Y. Jones. (Doc. no. 14.) Plaintiffs filed a document styled "Amended Complaint for Declaratory Judgment," in which they attempt to incorporate by reference all allegations of the original complaint except for a new paragraph three. (Doc. no. 15.) However, in the Eleventh Circuit, an amended complaint supersedes and replaces in its entirety the previous pleading filed by Plaintiffs. See Hoefling v. City of Miami, ___ F.3d ___, No. 14-12482, 2016 WL 285358, at *4 (11th Cir. 2016); Krinsk v. SunTrust Banks, Inc., 654 F.3d 1194, 1202 (11th Cir. 2011). In accordance with this principle, Plaintiffs shall file, within seven days of the date of this Order, a complete amended complaint as a stand-alone entry on the docket rather than rely on a piecemeal, one-paragraph substitution.

SO ORDERED.

Source:  Leagle

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