Moore et al v. R.G. Brinkmann Company et al

Filing 113

MEMORANDUM AND ORDER denying as moot 60 MOTION to Dismiss for Lack of Jurisdiction filed by IAM OF PUERTO RICO. Signed by Judge J. Phil Gilbert on 1/10/2012. (dka, )

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
BOBBY G. MOORE and DYNNA MOORE,
Plaintiffs,
v.
No. 3:11-CV-208 JPG-PMF
R.G. BRINKMANN COMPANY d/b/a BRINKMANN
CONSTRUCTORS, NEGWER MATERIALS, INC., DURA-STILT
SALES LIMITED PARTNERSHIP, IAM OF PUERTO RICO, INC.,
and TOOLS FOR TRADES, INC.
Defendants.
R.G. BRINKMANN COMPANY,
Crossclaimant and Third-party Plaintiff,
v.
IAM OF PUERTO RICO, INC.,
Crossdefendant,
and
AMERICAN EXTERIOR-INTERIOR SERVICES, INC.,
Third-party Defendant.
NEGWER MATERIALS, INC.
Crossclaimant and Third-party Plaintiff,
v.
TOOLS FOR TRADES, INC. and IAM OF PUERTO RICO, INC.
Crossdefendants,
and
AMERICAN EXTERIOR-INTERIOR SERVICES, INC.,
Third-party Defendant.
TOOLS FOR TRADES, INC.
Crossclaimant,
v.
IAM OF PUERTO RICO, INC.,
Crossdefendant.

MEMORANDUM AND ORDER
This matter comes before the Court on the first motion to dismiss pursuant to Federal
Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction filed by

defendant/crossdefendant IAM of Puerto Rico, Inc. (“IAM”) (Doc. 60). IAM’s first motion to
dismiss (Doc. 60) is directed toward the plaintiffs’ second amended complaint (Doc. 29). Since
IAM filed the motion, the plaintiffs have filed a third amended complaint (Doc. 95). Because the
first motion to dismiss is directed at the second amended complaint, which is no longer the
operative complaint in this case, Massey v. Helman, 196 F.3d 727, 735 (7th Cir. 1999), the Court
DENIES as moot the first motion to dismiss (Doc. 60).
Because the claims against IAM in the third amended complaint are the same as those in
the second amended complaint, the Court ORDERS that the January 30, 2012, deadline for
responding to IAM’s first motion to dismiss (see Doc. 93) shall also apply with respect to IAM’s
pending motion to dismiss the third amended complaint (Doc. 105). Responses to IAM’s other
pending motions to dismiss (Docs. 107, 108 & 109) shall also be filed on or before January 30,
2012.
IT IS SO ORDERED.
DATED: January 10, 2012
s/ J. Phil Gilbert
DISTRICT JUDGE