Money v. Kendallville Place Apartments, Phase II, LLC

Filing 18

OPINION AND ORDER DENYING AS MOOT 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kendallville Place Apartments Phase II LLC. Signed by Judge Rudy Lozano on 10/31/2014. (lns)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
JEFF MONEY,

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Plaintiff,
vs.
KENDALLVILLE PLACE
APARTMENTS, PHASE II, LLC,
d/b/a NELSON ESTATES
APARTMENTS, PHASE II
Defendant.

NO. 1:14-CV-253

OPINION AND ORDER
This matter is before the Court on Defendant’s Motion to
Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), filed by
Defendant,

Kendallville

September 23, 2014.

Place

(DE #10.)

the motion is DENIED AS MOOT.

Apartments,

Phase

II,

LLC,

on

For the reasons set forth below,
On September 24, 2014, Magistrate

Judge Cosbey granted Plaintiff until October 6, 2014, to file an
amended complaint.

Plaintiff’s First Amended Complaint was filed

on October 6, 2014.
controlling

once

it

(DE #14.)
is

filed

withdrawn by operation of law.

An amended complaint becomes
because

the

prior

pleading

is

Johnson v. Dossey, 515 F.3d 778,

780 (7th Cir. 2008); see also Duda v. Bd. of Educ. of Franklin Park
Pub. Sch. Dist. No. 84, 133 F.3d 1054, 1057 (7th Cir. 1998).
Because

the

First

Amended

Complaint

supersedes

the

original

Complaint, the pending motion to dismiss (DE # 10) is DENIED AS
MOOT.

DATED: October 31, 2014

/s/RUDY LOZANO, Judge
United States District Court

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