Misson v. Red Bull Distribution Company, Inc.

Filing 14

ORDER denying as moot 8 Red Bull Distribution Company, Inc.'s Motion to Dismiss. Signed by Judge Sheri Polster Chappell on 11/6/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
NELSON MISSON,
Plaintiff,
v.

Case No: 2:17-cv-574-FtM-38MRM

RED BULL DISTRIBUTION
COMPANY, INC.,
Defendant.
/
ORDER1
This matter comes before the Court on Red Bull Distribution Company, Inc.’s
Motion to Dismiss (Doc. 8) filed on October 25, 2017. On November 2, 2017, Plaintiff
Nelson Misson filed a First Amended Complaint (Doc. 13), which superseded the original
complaint. Because an amended pleading supersedes an original, motions directed at
the superseded pleading are moot.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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(1) Red Bull Distribution Company, Inc.’s Motion to Dismiss (Doc. 8) is DENIED
AS MOOT.
DONE and ORDERED in Fort Myers, Florida this 3rd day of November, 2017.

Copies: All Parties of Record

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