204 6th St LLC v. Scottsdale Insurance Company

Filing 19

ORDER denying as moot 8 Defendant's Motion to Dismiss. Signed by Judge Sheri Polster Chappell on 6/1/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
204 6TH ST LLC,
Plaintiff,
v.

Case No: 2:18-cv-235-FtM-38CM

SCOTTSDALE INSURANCE
COMPANY,
Defendant.
/
ORDER1
This matter comes before the Court on Defendant’s Motion to Dismiss (Doc. 8)
filed on May 7, 2018. Plaintiff filed an Amended Complaint (Doc. 18) on May 30, 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superseded pleading are moot.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 ORDERED:
Defendant’s Motion to Dismiss (Doc. 8) is DENIED as MOOT.
DONE and ORDERED in Fort Myers, Florida this 1st day of June 2018.

Copies: All Parties of Record

1

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