Williams et al v. Indiana Department of Child Services

Filing 34

OPINION AND ORDER DENYING AS MOOT 10 First MOTION to Dismiss filed by Jeffrey Tinich, Ellise Dumas. Signed by Judge Rudy Lozano on 2/2/18. (ksp)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
THOMAS WILLIAMS, et al.,
Plaintiffs,
vs.
INDIANA DEPARTMENT OF CHILD
SERVICES, et al.,
Defendants.

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NO. 2:17-CV-164

OPINION AND ORDER
This matter is before the Court on the Motion to Dismiss,
filed by the defendants, the Indiana Department of Child Services,
Jeffrey Tinich, and Ellis Dumas, on June 9, 2017.

(DE #10.)

For

the reasons set forth below, the motion is DENIED AS MOOT.
On January 29, 2018, Magistrate Judge John E. Martin granted
the plaintiffs leave to file an amended complaint and ordered it to
be filed as a separate docket entry on or before February 5, 2018.
(DE #32.)
February

Plaintiff’s second amended complaint was filed on
2,

controlling

2018.
once

(DE
it

#33.)

An

is

filed

because

withdrawn by operation of law.

amended
the

complaint
prior

becomes

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

second

amended

complaint

supersedes

the

previous

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

DATED: February 2, 2018

/s/RUDY LOZANO, Judge
United States District Court

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