PURZEL VIDEO GMBH v. DOES 1-44

Filing 21

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Doe 34's Motion to Quash 11 is DENIED as moot. IT IS FURTHER ORDERED that Does 1-2, Does 4-17, 19-36, 37-39, 42-44 are DISMISSED. Signed by District Judge John A. Ross on 6/25/13. (LAH)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ) ) PURZEL VIDEO GMBH, ) ) Plaintiff, ) ) v. ) ) ROBERT KRAMKOWSKI, BILL MARLER, ) AND EARL MCCANN, ) ) Defendants. ) No. 4:12-CV-2015 JAR MEMORANDUM AND ORDER On October 29, 2012, Plaintiff filed a Complaint under the Copyright Act against Does 144. (ECF No. 1). On February 25, 2013, Doe 34 filed a letter, which the Court interpreted as a motion to quash the subpoena and/or to litigate the case anonymously. (ECF No. 11). On June 24, 2013, Plaintiff filed an Amended Complaint, which is now the operative complaint (ECF No. 17). The Amended Complaint is against only three named defendants: Robert Kramkowski (f/k/a Doe 18), Bill Marler (f/k/a Doe 37) and Earl McCann (f/k/a Doe 40). As the Amended Complaint supersedes the original Complaint, it appears that Plaintiff is proceeding against only these three named defendants. See In re Atlas Van Lines, Inc., 209 F.3d 1064, 1067 (8th Cir. 2000)(“an amended complaint supercedes an original complaint and renders the original complaint without legal effect”). Accordingly, IT IS HEREBY ORDERED that Doe 34’s Motion to Quash [11] is DENIED as moot. IT IS FURTHER ORDERED that Does 1-2, Does 4-17, 19-36, 37-39, 42-44 are DISMISSED.1 Dated this 25th day of June, 2013. JOHN A. ROSS UNITED STATES DISTRICT JUDGE 1 This Court previously dismissed Does 3 and 41 upon Plaintiff’s Motions. (ECF Nos. 14, 16). -2-

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