Knight v. Climbing Magazine et al

Filing 38

ORDER denying 14 Motion to Dismiss.; denying 15 Motion to Dismiss. Signed by Judge Larry R. Hicks on 09/14/11. (Copies have been distributed pursuant to the NEF - LG)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BRIAN KNIGHT,

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Plaintiff,

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v.

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CLIMBING MAGAZINE; et al.,

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Defendants.

3:11-CV-0146-LRH-RAM
ORDER

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Before the court are defendant Climbing Magazine (“Climbing”) and SKRAM Media,

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LLC’s (“SKRAM”) motions to dismiss. Doc. ##14, 15.1 Plaintiff Brian Knight (“Knight”) filed

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oppositions (Doc. ## 17, 18) to which moving defendants replied (Doc. ##20, 21).

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On December 23, 2010, Knight filed a complaint against defendants for libel and intentional

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infliction of emotional distress. Doc. #1, Exhibit A. In response, moving defendants filed the

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present motions to dismiss. Doc. ##14, 15. Thereafter, Knight filed a motion for leave to file an

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amended complaint which was granted by the court. See Doc. #23. An amended complaint was

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subsequently filed on June 29, 2011. Doc. #24.

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The amended complaint supersedes the original complaint in its entirety. Accordingly,
moving defendants’ motions to dismiss the original complaint are now moot. The court shall deny

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Refers to the court’s docketing number.

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the motions without prejudice because moving defendants have not yet had the opportunity to

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respond to the new allegations and claims in the amended complaint.

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IT IS THEREFORE ORDERED that defendants’ motions to dismiss (Doc. ## 14, 15) are
DENIED without prejudice.

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IT IS SO ORDERED.

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DATED 14th day of September, 2011.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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