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Garcia v. Cummings

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


January 6, 2009

DANIEL GARCIA, PLAINTIFF/CONSOLIDATED DEFENDANT AND PRIME, INC. CONSOLIDATED DEFENDANT
v.
DAWN CUMMINGS, ET AL., DEFENDANTS/CONSOLIDATED PLAINTIFFS
DAWN CUMMINGS, ET AL., THIRD-PARTY PLAINTIFFS
v.
ROGER'S TOWING, INC., THIRD-PARTY DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 6th day of January, 2009, upon consideration of the pending motion to dismiss (Doc. 17), filed by third-party defendant Rogers Towing, Inc. ("Rogers") on May 23, 2008, and which seeks to dismiss the third-party complaint (Doc. 14) filed by third-party plaintiffs Dawn Cummings and Black Horse Carriers, Inc. (collectively "third-party plaintiffs"), and it appearing that third-party plaintiffs amended their third-party complaint on June 2, 2008,*fn1 (see Doc. 23); see also FED. R. CIV. P. 15(a) (allowing a party to "amend its pleading once as a matter of course . . . before being served with a responsive pleading"), and that Rogers filed a motion (Doc. 25) to dismiss the amended third-party complaint on June 24, 2008, and the court recognizing that an "amended complaint supersedes the original version," Snyder v. Pascack Valley Hosp., 303 F.3d 271, 276 (3d Cir. 2002); see also 6 CHARLES A. WRIGHT ET AL., FEDERAL PRACTICE AND PROCEDURE § 1476, at 556 (2d ed. 1990), it is hereby ORDERED that:

1. Rogers' motion (Doc. 17) to dismiss the third-party complaint (Doc. 14) is DENIED as moot. Third-party plaintiffs' third-party complaint (Doc. 14) is superseded by the amended third-party complaint (Doc. 23). See Snyder, 303 F.3d at 276.

2. The court may consider the arguments set forth in Rogers' motion (Doc. 17) to dismiss the third-party complaint, as well as third-party plaintiffs' brief in opposition thereto (Doc. 20), in arriving at its disposition of Rogers' motion (Doc. 25) to dismiss the amended third-party complaint (Doc. 23).

CHRISTOPHER C. CONNER United States District Judge


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