1:14-cv-00474 | M.D. Penn. | May 13, 2014
Case 1:14-cv-00474-CCC Document 22 Filed 05/13/14 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA STEVEN J., INC., : CIVIL ACTION NO. 1:14-CV-474 Plaintiff : : (Chief Judge Conner) v. : : LANDMARK AMERICAN : INSURANCE COMPANY, et al , :
Defendants : ORDER AND NOW, this 13th day of May, 2014, upon consideration of plaintiff’s motion (Doc. 19) for leave to file an amended complaint, and it appearing that plaintiff has previously filed (Doc. 18) the amended complaint that is the subject of the motion, and it appearing that the court should freely grant leave when justice so requires, see F ED . R. C IV . P. 15(a)(2), and upon further consideration of defendants’ motion to dismiss (Doc. 7) filed on March 14, 2014, and the court finding that an amended complaint renders the original complaint a legal nullity, see Snyder v. Pascack Valley Hosp., 303 F.3d 271, 276 (3d Cir. 2002) (“An amended complaint supercedes the original version in providing the blueprint for the future course of the lawsuit.”); 6 C HARLES A LAN W RIGHT ET AL ., F EDERAL P RACTICE AND P ROCEDURE § 1476 (2d ed. 1990) (“Once an amended pleading is interposed, the original pleading no longer performs any function in the case . . . .”), it is hereby ORDERED that:
1. Plaintiff’s motion (Doc. 19) for leave to file an amended complaint is GRANTED. 2. The court’s order (Doc. 17) referring defendants’ motion (Doc. 7) to dismiss to Chief Magistrate Judge Martin C. Carlson is VACATED. Case 1:14-cv-00474-CCC Document 22 Filed 05/13/14 Page 2 of 2 3. Defendants’ motion (Doc. 7) to dismiss the complaint is DENIED as moot without prejudice. 4. Defendants shall respond to the amended complaint (Doc. 18) in accordance with the Federal Rules of Civil Procedure. /S/ C HRISTOPHER C. C ONNER Christopher C. Conner, Chief Judge United States District Court Middle District of Pennsylvania
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