Zertuche v. American Coal Company et al

Filing 43

MEMORANDUM AND ORDER Denying as Moot 8 MOTION to Strike filed by Robert E Murray, Denying as Moot 10 MOTION to Dismiss filed by Robert E Murray, Denying as Moot 18 MOTION to Dismiss filed by Chris Ferrell, Denying as Moot 23 MOTION to Dismiss Counts II and III filed by American Coal Company. Signed by Judge J. Phil Gilbert on 8/6/12. (bkl)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
GUSTAVO R. ZERTUCHE,
Plaintiff,
v.
THE AMERICAN COAL CO., et al.,
Defendants.

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No. 3:12-cv-164-JPG-SCW

MEMORANDUM AND ORDER
This matter comes before the Court on the motion to strike (Doc. 8) and motion to
dismiss (Doc. 10) filed by defendant Robert E. Murray, the motion to dismiss (Doc. 18) filed by
defendant Chris Ferrell, and the motion to dismiss filed by defendant American Coal Company
(Doc. 23). All of these motions are directed at the original complaint filed by plaintiff Gustavo
R. Zertuche. Since the defendants filed these motions, the plaintiff has amended the complaint
(Doc. 42). Because the motions are 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 the motions as moot (Docs 8, 10, 18 & 23).
IT IS SO ORDERED.
DATED: August 6, 2012.
s/J. Phil Gilbert
DISTRICT JUDGE