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Thorne v. Trauner

October 16, 2006

JOSEPH A. THORNE, PLAINTIFF
v.
TRAUNER, COHEN AND THOMAS, LLP AND CACH, LLP, DEFENDANTS



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 16th day of October, 2006, upon consideration of the motion to dismiss the original complaint (Doc. 4), and it appearing that plaintiff has filed an amended complaint (see Doc. 7), see FED. R. CIV. P. 15(a) ("A party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served . . . . "), and that the 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 CHARLES ALAN WRIGHT ET AL., FEDERAL PRACTICE AND PROCEDURE § 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 motion to dismiss (Doc. 4) is DENIED as moot.*fn1

CHRISTOPHER C. CONNER United States ...


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