Brownfield v. City of Lake City

Filing 10

ORDER denying as moot 6 motion to dismiss. Signed by Judge Marcia Morales Howard on 1/3/2017. (DS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

STACI L. BROWNFIELD,
Plaintiff,
-vs-

Case No. 3:16-cv-1433-J-34JRK

CITY OF LAKE CITY,
Defendant.

ORDER
THIS CAUSE is before the Court on Defendant City of Lake City’s Motion to Dismiss
Count II of Plaintiff’s Complaint (Dkt. No. 6; Motion) filed on December 9, 2016. Plaintiff
filed her Amended Complaint (Dkt. No. 9) on December 29, 2016, which rendered moot
the parties’ previous pleadings. See Malowney v. Federal Collection Deposit Group, 193
F.3d 1342, 1345 n.1 (11th Cir. 1999) (noting that “[a]n amended complaint supersedes a
previously filed 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”).
In light of the foregoing, it is hereby
ORDERED:

Defendant City of Lake City’s Motion to Dismiss Count II of Plaintiff’s
Complaint (Dkt. No. 6) is DENIED AS MOOT.
DONE AND ORDERED at Jacksonville, Florida, this 3rd day of January,
2017.

ja
Copies to:
Counsel of Record

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