Premium Retail Services, Inc. v. Make Retail, LLC et al

Filing 19

ORDER: IT IS HEREBY ORDERED that counter-defendant Premium Retail Services, Inc.s motion to dismiss counter-claimants original counterclaim is DENIED as moot without prejudice. [Doc. 15]. Signed by District Judge Charles A. Shaw on 3/13/2013. (KSM)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
PREMIUM RETAIL SERVICES, INC.,
Plaintiff,
v.
MAKE RETAIL, LLC, et al.,
Defendants.

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No. 4:13-CV-36 CAS

ORDER
This matter is before the Court on review of the file. Counter-claimants Make Retail, LLC
and Made & Co, LLC filed their First Amended Counterclaim on March 8, 2013. The Amended
Counterclaim supercedes their original counterclaim and renders it without legal effect. See In re
Atlas Van Lines, Inc., 209 F.3d 1064, 1067 (8th Cir. 2000). As a result, pending motions pertaining
to the original counterclaim should be denied as moot, see Pure Country, Inc. v. Sigma Chi
Fraternity, 312 F.3d 952, 956 (8th Cir. 2002), without prejudice to the filing of motions concerning
the amended counterclaim.
Accordingly,
IT IS HEREBY ORDERED that counter-defendant Premium Retail Services, Inc.’s motion
to dismiss counter-claimants’ original counterclaim is DENIED as moot without prejudice.
[Doc. 15]
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CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE
Dated this 13th

day of March, 2013.