Spears v. SHK Consulting and Development, Inc. et al

Filing 34

ORDER denying as moot 15 Defendant David Nirenberg's Motion to Dismiss.Defendant SHK Consulting and Development, Inc.'s Motion to Dismiss 18 is DENIED as moot. Defendants have on or before August 8, 2018, to respond to the Amended Complaint. Signed by Judge Sheri Polster Chappell on 7/25/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DANIEL C. SPEARS, JR.,
Plaintiff,
v.

Case No: 2:18-cv-286-FtM-38MRM

SHK CONSULTING AND
DEVELOPMENT, INC., LAKE RED
ROCK LLC and DAVID B.
NIRENBERG,
Defendants.
/
ORDER 1
Before the Court are Defendant David Nirenberg’s and Defendant SHK Consulting
and Development, Inc.’s motions to dismiss the Complaint. (Doc. 15; Doc. 18). Plaintiff
Daniel C. Spears has since filed an Amended Complaint. (Doc. 31). Because the
Amended Complaint is the operative pleading, the Court denies Defendants’ motions to
dismiss 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:
(1) Defendant David Nirenberg’s Motion to Dismiss (Doc. 15) is DENIED as moot.

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(2) Defendant SHK Consulting and Development, Inc.’s Motion to Dismiss (Doc.
18) is DENIED as moot.
(3) Defendants have on or before August 8, 2018, to respond to the Amended
Complaint.
DONE and ORDERED in Fort Myers, Florida this 25th day of July 2018.

Copies: All Parties of Record

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