IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
November 27, 2012
HOOPES TURF FARM, DEFENDANT
The opinion of the court was delivered by: Christopher C. Conner United States District Judge
AND NOW, this 27th day of November, 2012, upon consideration of plaintiff's amended complaint (Doc. 10), see FED. R. CIV. P. 15(a)(1)(B),*fn1 filed on November 26, 2012, and of defendant's motion to dismiss plaintiff's complaint (Doc. 5) filed on October 15, 2012, and of defendant's amended motion to dismiss plaintiff's complaint (Doc. 6) filed on October 19, 2012, 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 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:
1. Defendant shall respond to the amended complaint (Doc. 10) in accordance with the Federal Rules of Civil Procedure.
2. The motion to dismiss the complaint (Doc. 5) and the amended motion to dismiss the complaint (Doc. 6) are DENIED as MOOT without prejudice.
Christopher C. Conner