Miller et al v. The City of Fort Myers et al

Filing 16

ORDER denying as moot 12 Defendants' Motion to Dismiss. Signed by Judge Sheri Polster Chappell on 5/11/2018. (LMF)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION DERETHA MILLER, LUETRICIA FREEMAN BECKER, RALPH HENRY, NOEMY RODRIGUEZ and TAMBITHA BANKS, individually, and on behalf of a class of persons similarly situated Plaintiffs, v. Case No: 2:18-cv-195-FtM-38CM THE CITY OF FORT MYERS, RANDALL P. HENDERSON, JR. and SAEED KAZEMI, Defendants. / ORDER1 This matter comes before the Court on Defendants’ Motion to Dismiss (Doc. 12) filed on April 26, 2018. Plaintiffs filed an Amended Complaint (Doc. 14) on May 10, 2018. Because an amended pleading supersedes an original, motions directed at the superseded pleading are moot.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) (“An amended complaint supersedes an original complaint.”). Accordingly, it is now 1 Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or websites. These hyperlinks are provided only for users’ convenience. Users are cautioned that hyperlinked documents in CM/ECF are subject to PACER fees. By allowing hyperlinks to other websites, this Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide on their websites. Likewise, the Court has no agreements with any of these third parties or their websites. The Court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the Court. ORDERED: Defendants’ Motion to Dismiss (Doc. 12) is DENIED as MOOT. DONE and ORDERED in Fort Myers, Florida this 11th day of May 2018. Copies: All Parties of Record 2

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