Maryland Casualty Company et al v. Dublin Eye Associates, P.C. et al

Filing 16

ORDER directing the Plaintiffs to file a new amended complaint within 7 days of this order, (Amended Pleadings due by 2/16/2016). Signed by Magistrate Judge Brian K. Epps on 2/9/16. (cmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION

MARYLAND CASUALTY COMPANY
and FOREMOST SIGNATURE
INSURANCE COMPANY,
Plaintiffs,
v.
DUBLIN EYE ASSOCIATES, P.C.;
DR. ROGER D. SMITH; and
DR. JAMES Y. JONES,
Defendants.

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CV 315-081

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ORDER
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Pursuant to Federal Rule of Civil Procedure 15(a)(2), Plaintiffs have obtained consent
to amend the complaint from the only Defendant to have made an appearance in this case,
Dr. James Y. Jones. (Doc. no. 14.) Plaintiffs filed a document styled “Amended Complaint
for Declaratory Judgment,” in which they attempt to incorporate by reference all allegations
of the original complaint except for a new paragraph three. (Doc. no. 15.) However, in the
Eleventh Circuit, an amended complaint supersedes and replaces in its entirety the previous
pleading filed by Plaintiffs. See Hoefling v. City of Miami, -F.3d-, No. 14-12482, 2016 WL
285358, at *4 (11th Cir. 2016); Krinsk v. SunTrust Banks, Inc., 654 F.3d 1194, 1202 (11th
Cir. 2011). In accordance with this principle, Plaintiffs shall file, within seven days of the

date of this Order, a complete amended complaint as a stand-alone entry on the docket rather
than rely on a piecemeal, one-paragraph substitution.
SO ORDERED this 9th day of February, 2016, at Augusta, Georgia.

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