McCoy et al v. Defenders, Inc.

Filing 42

ORDER finding as moot with leave to re-file 6 Motion to Dismiss; finding as moot with leave to re-file 6 Motion to Strike ; finding as moot with leave to re-file 19 Motion for Judgment on the Pleadings Signed by Honorable David C. Bramlette, III on 9/13/2017 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
CHESTER McCOY, BENJAMIN CAUSEY,
AND DeMARCUS HAILE, DANIEL HARRIS,
ANTYON GRAY, MARIO SPEECH, TERRELL
COOPER, RAFAEL ANDERSON, AND GENE
WOOLSEY, Individually And On Behalf
of Themselves And All Others
Similarly Situated
VS.

PLAINTIFFS

CIVIL ACTION NO. 3:17-cv-207(DCB)(LRA)

DEFENDERS, INC., d/b/a Protect
Your Home d/b/a Home Defender,
d/b/a True Home Security

DEFENDANT
ORDER

This cause is before the Court on the defendant Defenders,
Inc.’s

Motion

to

Dismiss

or,

Alternatively,

to

Strike

Class

Allegations (docket entry 6), and on Defenders, Inc.’s Motion for
Judgment on the Pleadings (docket entry 19).

On August 29, 2017,

Magistrate Judge Linda R. Anderson filed a Text Order granting the
plaintiffs’

Motion

to

File

First

Amended

Complaint,

and

the

plaintiffs filed their Amended Complaint also on August 29, 2017.
In light of the Amended Complaint, the Court shall deny
without

prejudice

the

defendant’s

Motion

to

Dismiss

or,

Alternatively, to Strike Class Allegations, and shall also deny
without prejudice the defendant’s Motion for Judgment on the
Pleadings, inasmuch as the prior Complaint has been superseded by
the Amended Complaint.

See Anderson v. USAA Cas. Ins. Co., 218

F.R.D. 307, 308 (D.D.C. 2003).

Accordingly,
IT IS HEREBY ORDERED that the defendant’s Motion to Dismiss
or, Alternatively, to Strike Class Allegations (docket entry 6), is
DENIED AS MOOT, with leave to re-file;
FURTHER ORDERED that the defendant’s Motion for Judgment on
the Pleadings (docket entry 19) is DENIED AS MOOT, with leave to
re-file.
SO ORDERED, this the 13th day of September, 2017.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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