Advantus Corp. v. T2 International, LLC et al

Filing 25

ORDER denying as moot 19 Plaintiff's Motion to Dismiss Counterclaim. Signed by Judge Marcia Morales Howard on 8/4/2014. (MHM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
ADVANTUS, CORP., et al.,
Plaintiffs,
vs.

Case No. 3:13-cv-240-J-34MCR

T2 INTERNATIONAL, LLC,
Defendant.
______________________________________
ADVANTUS, CORP.,
Plaintiff,
vs.

Case No. 3:14-cv-484-J-34PDB

T2 INTERNATIONAL, LLC, et al.,
Defendants.
_____________________________________/

ORDER
THIS CAUSE is before the Court sua sponte. On July 28, 2014, Defendants filed their
First Amended Answer (Doc. 23; Amended Answer), which rendered moot Plaintiff,
Advantus, Corp.’s, Motion to Dismiss Counterclaim and Incorporated Memorandum of Law
(Doc. 19), filed on July 11, 2014. See Malowney v. Federal Collection Deposit Group, 193
F.3d 1342, 1345 n.1 (11th Cir. 1999) (noting that “[a]n amended complaint supersedes an
original complaint”); Meterlogic, Inc. v. Copier Solutions, Inc., 185 F. Supp. 2d 1292, 1297
(S.D. Fla. 2002) (noting that the plaintiff’s filing of an amended complaint “rendered moot the
parties’ previous pleadings and the defendants’ summary judgment and Daubert motions”).
Indeed, the Amended Answer withdraws Defendants’ previously asserted counterclaims.

See generally Amended Answer; see also T2 Products’ Response to Advantus’ Motion to
Dismiss Counterclaim (Doc. 24), filed July 28, 2014. In light of the foregoing, it is
ORDERED:
Plaintiff, Advantus, Corp.’s, Motion to Dismiss Counterclaim and Incorporated
Memorandum of Law (Doc. 19) is DENIED as moot.
DONE AND ORDERED at Jacksonville, Florida on August 4, 2014.

lc11
Copies to:
Counsel of Record
Pro Se Parties

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