ABRAMS v. FMS INVESTMENT CORP.
Filing
25
ORDER - FMS' pending Motion to Dismiss is DENIED AS MOOT. [Filing No. 18 .] FMS shall answer or otherwise respond to Ms. Abrams' Amended Complaint, [Filing No. 24], as set forth in the Federal Rules of Civil Procedure. ***SEE ORDER***. Signed by Judge Jane Magnus-Stinson on 5/7/2014. (JKS)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
SONYA J. ABRAMS,
Plaintiff,
vs.
FMS INVESTMENT CORP.,
Defendant.
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1:14-cv-272-JMS-MJD
ORDER
Plaintiff Sonya J. Abrams filed this putative class action on February 24, 2014, alleging
that Defendant FMS Investment Corp. (“FMS”) has violated the Fair Debt Collection Practices
Act. [Filing No. 1.] On April 24, 2014, FMS filed a Motion to Dismiss pursuant to Federal Rule
of Civil Procedure 12(b)(6). [Filing No. 18.] On May 6, 2014, Ms. Abrams filed an Amended
Complaint.1 [Filing No. 24.]
“When a plaintiff files an amended complaint, the new complaint supersedes all previous
complaints and controls the case from that point forward.” Massey v. Helman, 196 F.3d 727,
735 (7th Cir. 1999). Thus, FMS’ pending Motion to Dismiss is moot. See, e.g., Energy Mgmt.
Int’l, Inc v. Indopco, Inc., 2007 WL 3232217 n.1 (S.D. Ind. 2007) (denying as moot a pending
motion to dismiss in light of an amended complaint).
Accordingly, FMS’ pending Motion to Dismiss is DENIED AS MOOT. [Filing No.
18.] FMS shall answer or otherwise respond to Ms. Abrams’ Amended Complaint, [Filing No.
24], as set forth in the Federal Rules of Civil Procedure.
1
Federal Rule of Civil Procedure 15(a)(1)(B) allows a plaintiff to amended her complaint once
as a matter of course if it is done within 21 days after service of a motion under Rule 12(b).
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05/07/2014
_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana
Distribution via ECF only:
Daniel A. Edelman
EDELMAN COMBS LATTURNER & GOODWIN LLC
courtecl@edcombs.com
Michelle R. Teggelaar
EDELMAN COMBS LATTURNER GOODWIN
mteggelaar@edcombs.com
Daniel W. Pisani
SESSIONS FISHMAN NATHAN & ISRAEL
dpisani@sessions-law.biz
James K. Schultz
SESSIONS, FISHMAN, NATHAN & ISRAEL, LLP
jschultz@sessions-law.biz
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