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Saterstad v. Stover

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


November 15, 2006

EDWARD SATERSTAD, PLAINTIFF
v.
KEVIN STOVER, ET AL., DEFENDANTS

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER AND NOW, this 15th day of November, 2006, upon consideration of the motion to dismiss (Doc. 6), filed by defendants Kevin Stover and Kelly Stover, and it appearing that plaintiff has filed an amended complaint (see Doc. 9), 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 . . . . "),*fn1 and that the amended complaint renders the previous 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. 6) is DENIED as moot.*fn2


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