Hanson v. Berthel Fisher and Company Financial Services, Inc et al

Filing 17

ORDER denying as moot 7 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge Linda R Reade on 11/5/2013. (pac)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CEDAR RAPIDS DIVISION

JON HANSON, individually and on
behalf of all others similarly situated,
Plaintiffs,

No. 13-CV-67-LRR

vs.

ORDER

BERTHEL FISHER & CO.
FINANCIAL SERVICES, INC. and
THOMAS JOSEPH BERTHEL,
Defendants.
____________________
The matter before the court is Defendants Berthel Fisher & Co. Financial Services,
Inc. and Thomas Joseph Berthel’s (“Defendants”) “Motion to Dismiss” (docket no. 7).
On September 23, 2013, Defendants filed the Motion to Dismiss. On November 1, 2013,
Plaintiff Jon Hanson filed an “Unresisted Motion for Leave to File a First Amended
Complaint” (“Motion to Amend”) (docket no. 14). On November 4, 2013, United States
Magistrate Judge Jon S. Scoles granted the Motion to Amend and directed the Clerk of
Court to file the First Amended Complaint (docket no. 16). November 4, 2013 Order
(docket no. 15).
“It is well-established that an amended complaint supercedes an original complaint
and renders the original complaint without legal effect.” In re Wireless Tel. Fed. Cost
Recovery Fees Litig., 396 F.3d 922, 928 (8th Cir. 2005) (citing In re Atlas Van Lines,
Inc., 209 F.3d 1064, 1067 (8th Cir. 2000)). The Motion to Dismiss seeks to dismiss
portions of the original Complaint—not the Amended Complaint. Because the Amended
Complaint supercedes the original Complaint and renders it legally ineffective, the Motion
to Dismiss (docket no. 7) is DENIED AS MOOT.
IT IS SO ORDERED.

DATED this 5th day of November, 2013.

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