Gorsuch v. Maloney et al

Filing 19

ORDER denying as moot without prejudice 12 Motion to Dismiss by Carleen Bowman and 13 Motion to Dismiss by Mark Nash. So Ordered by Judge Joseph A. DiClerico, Jr. (dae)

Gorsuch v. Maloney et al

Doc. 19

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Michael Gorsuch v. James J. Maloney, et al. O R D E R Michael Gorsuch brought state and federal claims against Nashua Police Department officers, the City of Nashua, and New Hampshire State Troopers Carleen Bowman and Mark Nash. claims arose out of events following a fatal car crash. The Bowman Civil No. 10-cv-495-JD

and Nash moved to dismiss the claims against them on the grounds that the court lacked subject matter jurisdiction. Gorsuch then

moved for leave to file an amended complaint, which was granted. Once filed, the amended complaint superseded the original, and "[t]hereafter, the earlier complaint is a dead letter and no longer performs any function in the case." Zukerberg, 522 F.3d 82, 91 (1st Cir. 2008). Connectu LLC v. As a result, motions See In re

to dismiss the original complaint are rendered moot.

Celexa & Lexapro Marketing & Sales Practices Litig., --- F. Supp. 2d ---, 2010 WL 4644429, at *4 (D. Mass. nov. 10, 2010); Wheeler v. HXI, LLC, 2010 WL 3211127, at *1 (D.N.H. Aug. 11, 2010).

Dockets.Justia.com

Conclusion For the foregoing reasons, the defendants' motions to dismiss (documents nos. 12 and 13) are denied, without prejudice, as moot.

SO ORDERED.

____________________________ Joseph A. DiClerico, Jr. United States District Judge March 18, 2011 cc: Brian J.S. Cullen, Esquire Richard J. Lehmann, Esquire Kevin H. O'Neill, Esquire

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