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Bridgestone Americas Tire Operations LLC v. Huf North America Automotive Parts Manufacturing Corp, 17-CV-951-JPS-JPS. (2018)

Court: District Court, E.D. Wisconsin Number: infdco20180111f40 Visitors: 2
Filed: Jan. 10, 2018
Latest Update: Jan. 10, 2018
Summary: ORDER J.P. STADTMUELLER , District Judge . On January 5, 2018, Plaintiff filed a motion for leave to amend its Complaint. (Docket #55). The Amended Complaint updates Plaintiff's pleading based on information learned during discovery, including adding a new party and offering further allegations of patent infringement and personal jurisdiction. Id.; see also (Docket #57-1). Federal Rule of Civil Procedure 15(a)(2) sets a liberal standard for allowing amendment of pleadings. Runnion ex rel
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ORDER

On January 5, 2018, Plaintiff filed a motion for leave to amend its Complaint. (Docket #55). The Amended Complaint updates Plaintiff's pleading based on information learned during discovery, including adding a new party and offering further allegations of patent infringement and personal jurisdiction. Id.; see also (Docket #57-1). Federal Rule of Civil Procedure 15(a)(2) sets a liberal standard for allowing amendment of pleadings. Runnion ex rel. Runnion v. Girl Scouts of Greater Chi. and Nw. Ind., 786 F.3d 510, 519-20 (7th Cir. 2015). Further, Plaintiff represents that Defendants do not oppose the motion. (Docket #57-1 at 2). In light of the foregoing, the Court will grant Plaintiff's motion, and its proposed Amended Complaint shall become Plaintiff's operative pleading. (Docket #55-1). Defendants' pending motion to dismiss, directed at the original Complaint, must be denied as moot. (Docket #35); Duda v. Bd. of Educ. of Franklin Park Pub. Sch. Dist. No. 84, 133 F.3d 1054, 1056-57 (7th Cir. 1998) (an amended complaint supersedes and renders null a prior complaint).1

Accordingly,

IT IS ORDERED that Plaintiff's motion for leave to amend its complaint (Docket #55) be and the same is hereby GRANTED;

IT IS FURTHER ORDERED that Defendants' motion to dismiss (Docket #35) be and the same is hereby DENIED as moot; and

IT IS FURTHER ORDERED that the parties' motions to seal (Docket #38, #49, and #56) be and the same are hereby GRANTED.

FootNotes


1. The Court will also grant the parties' various motions to seal, (Docket #38, #49, and #56), filed as part of the briefing for the motion to dismiss and the motion for leave to amend.
Source:  Leagle

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