Rivera v. Golfview Golf & Racquet Club Community Associations, Inc. et al

Filing 18

ORDER denying as moot 8 Defendants Golfview Golf & Racquet Community Association, Inc. and Dennis Catoe's Motion to Dismiss Complaint With Prejudice. Signed by Judge Sheri Polster Chappell on 1/28/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DAISY RIVERA,
Plaintiff,
v.

Case No: 2:14-cv-718-FtM-38DNF

GOLFVIEW GOLF & RACQUET
CLUB COMMUNITY ASSOCIATION,
INC. and DENNIS CATOE,
Defendants.
/
ORDER1
This matter is before the Court on Defendants Golfview Golf & Racquet Community
Association, Inc. and Dennis Catoe's Motion to Dismiss Complaint With Prejudice (Doc.
#8) filed on January 5, 2015. Plaintiff Daisy Rivera thereafter filed an Amended Complaint
on January 26, 2015. (Doc. #16; Doc. #14). Since the Amended Complaint is now the
operative pleading in this action, the Court denies Defendants' Motion to Dismiss
Complaint as moot. See Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342, 1345
n.1 (11th Cir. 1999) (noting, "[a]n amended complaint supersedes an original complaint"
(citation omitted)).
Accordingly, it is now
ORDERED:

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Defendants Golfview Golf & Racquet Community Association, Inc. and Dennis
Catoe's Motion to Dismiss Complaint With Prejudice (Doc. #8) is DENIED as moot.
DONE and ORDERED in Fort Myers, Florida this 28th day of January, 2015.

Copies: All Parties of Record

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