DANTZLER INC v. HUBERT MOORE LUMBER COMPANY INC et al

Filing 45

ORDER finding as moot 28 Motion to Dismiss for Failure to State a Claim; finding as moot 29 Motion to Dismiss for Failure to State a Claim. Ordered by Judge Hugh Lawson on 8/21/2013. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION

DANTZLER, INC.,
Plaintiff,
v.

Civil Action No. 7:13-CV-56 (HL)

HUBERT MOORE LUMBER COMPANY,
INC., WILBUR STANLEY MOORE,
individually and as guarantor, NORMA
MOORE GASKINS, individually and as
guarantor, JOAN MOORE DRAWDY,
individually and as guarantor, and
DUPONT PINE PRODUCTS, LLC,
Defendants.

ORDER
This case is before the Court on Counter-Defendant’s Motion to Dismiss
Counter-Plaintiffs HLMC’s and the Shareholders’ Counterclaims (Doc. 28) and
the Counter-Defendant’s Motion to Dismiss Counter-Plaintiff Dupont Pine’s
Counterclaims (Doc. 29). Both motions have been rendered moot by CounterPlaintiffs’ amended counterclaims. Pintando v. Miami-Dade Housing Agency, 501
F.3d 1241, 1243 (11th Cir. 2007) (“As a general matter, an amended pleading
supersedes the former pleading; the original pleading is abandoned by the
amendment, and is no longer a part of the pleader’s averments against his
adversary.”) (quotation omitted). The Court will consider the pending motions to
dismiss the amended counterclaims in the near future.

SO ORDERED, this the 21st day of August, 2013.
s/Hugh Lawson_______________
HUGH LAWSON, SENIOR JUDGE

mbh

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