10-Acious, Inc. et al v. Green Hills Ventures, LLC et al

Filing 8

MEMORANDUM OPINION AND ORDER signed by Judge Charles R. Simpson, III on 8/24/2011. For the reasons set forth, 5 Motion to Dismiss is DENIED AS MOOT. cc: Counsel (AEP)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE

10-ACIOUS, INC., et al.

v.

PLAINTIFFS

CIVIL ACTION NO. 3:11CV-395-S

GREEN HILLS VENTURES, LLC, et al.

DEFENDANTS

MEMORANDUM OPINION AND ORDER

This matter is before the court on motion of the defendants, Green Hills Ventures, LLC;
GHV Fund, LP (collectively, the “Green Hills entities”); and Emanuel Martinez, to dismiss for lack
of personal jurisdiction and improper venue (DN 5).
This action arose from an unconsummated venture capital deal between the defendants,
purported private investment firms, and 10-Acious, Inc., a self-styled digital greeting card company.
The defendants contend that they did not have sufficient minimum contacts with Kentucky
upon which to premise personal jurisdiction. In support of their motion, the defendants have
provided the affidavit of defendant Emanuel Martinez, the managing director of Green Hills
Ventures, LLC.
The plaintiffs did not responded to the motion to dismiss. Instead, they filed an amended
complaint, as permitted by Fed.R.Civ.P. 15(a)(1)(B). An amended complaint supersedes all
previous complaints and becomes the only operative pleading. Thus it renders moot any pending
motion to dismiss the original complaint. American Guarantee and Liability Insurance Company
v. CTA Acoustics, Inc., 2008 WL 1924229, *2 (E.D.Ky. April 29, 2008), citing ABB, Inc. v. Reed
City Power Line Supply Co., 2007 WL 2713731, *1 (W.D.Mich. 2007); Kentucky Press Association

v. Kentucky, 355 F.Supp.2d 853, 857 (E.D.Ky. 2005); see also, Washer v. Bullitt Co., 110 U.S. 558
(1884).
Therefore, motion having been made and the court being otherwise sufficiently advised, IT
IS HEREBY ORDERED AND ADJUDGED that the motion of the defendants, Green Hills
Ventures, LLC, et al., to dismiss (DN 5) is DENIED AS MOOT.

IT IS SO ORDERED.

August 24, 2011

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