Segal et al v. Amazon.com, Inc.

Filing 25

ORDER denying as moot 17 Motion to Dismiss; denying as moot 17 Motion to Change Venue. Signed by Judge Marcia G. Cooke on 6/29/10. (tm)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 10-20718-Civ-COOKE-BANDSTRA ALBERT SEGAL, and MARIANNA CHAPAROVA, Plaintiffs vs. AMAZON.COM, INC., Defendant. ______________________________/ ORDER DENYING DEFENDANT'S MOTION TO DISMISS THIS MATTER is before me on the Defendant's Motion to Dismiss [D.E. 17]. On June 21, 2010, the Plaintiffs filed their Amended Complaint [D.E. 22] pursuant to Federal Rule of Civil Procedure 15(a)(2). The filing of the amended complaint moots the Defendant's Motion to Dismiss. See Taylor v. Alabama, 275 F. App'x 836, 838 (Cir. 11th 2008) (noting that when the plaintiffs amended their complaint the defendants' motion to dismiss became moot). Accordingly, it is ORDERED and ADJUDGED that the Defendant's Motion to Dismiss [D.E. 17] is DENIED, without prejudice, as moot. DONE and ORDERED in chambers at Miami, Florida, this 29th day of June 2010.

Copies furnished to: Ted E. Bandstra, U.S. Magistrate Judge Counsel of record Albert Segal & Marianna Chaparova 10490 S.W. 12th Terr., Apt# 202 Miami, FL 33174