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Schaffhauser v. Citibank N.A.

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


December 1, 2006

ANNETTE M. SCHAFFHAUSER AND STEVE E. SCHAFFHAUSER, JR., PLAINTIFFS
v.
CITIBANK (SOUTH DAKOTA) N.A., ET AL., DEFENDANTS

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

(Judge Conner)

ORDER AND NOW, this 1st day of December, 2006, upon consideration of the motions to dismiss (Docs. 18, 20), filed by Citibank (South Dakota), N.A. ("Citibank"),*fn1 and it appearing that plaintiffs have filed an amended complaint (see Doc. 69),*fn2 and that the amended complaint renders the previous complaints 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 the motions to dismiss (Docs. 18, 20) are DENIED as moot.


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