Samples v. Reaco Battery Service Corporation et al
Filing
34
MEMORANDUM AND ORDER, Denying as moot 24 MOTION to Dismiss Defendants' Partial Motion to Dismiss Plaintiff's Complaint filed by Crown Battery Manufacturing Company, Harold Hawk, Reaco Battery Service Corporation, Scott Gamster. Signed by Judge J. Phil Gilbert on 8/18/2010. (jdh)
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Samples v. Reaco Battery Service Corporation et al
Doc. 34
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS MARVIN E. SAMPLES, Plaintiff, v. REACO BATTERY SERVICE CORPORATION, SCOTT GAMSTER, HAROLD HAWK and CROWN BATTERY MANUFACTURING COMPANY, Defendants. MEMORANDUM AND ORDER This matter comes before the Court on the defendants' motion to dismiss (Doc. 24). Since the defendants filed the motion to dismiss, the plaintiff has amended the complaint (Doc. 33). Because the motion to dismiss is directed at the original complaint, which is no longer the operative pleading in this case, Massey v. Helman, 196 F.3d 727, 735 (7th Cir. 1999), the Court DENIES as moot the motion to dismiss (Doc. 24). IT IS SO ORDERED. DATED: August 18, 2010 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE Case No. 10-cv-280-JPG-PMF
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