University of Cincinnati Chapter of Young Americans for Liberty et al v. University of Cincinnati et al

Filing 17

ORDER - Defendant's Motion to Dismiss (Doc. 10 ) is DENIED as moot. Signed by Judge Timothy S. Black on 3/22/12. (mr1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
UNIVERSITY OF CINCINNATI CHAPTER
OF YOUNG AMERICANS FOR LIBERTY,
et al.,
Plaintiffs,
v.
UNIVERSITY OF CINCINNATI, et al.,
Defendants.

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Case No. 1:12-cv-155
Judge Timothy S. Black

ORDER
Plaintiffs filed this action on February 22, 2012, naming the University of
Cincinnati, Gregory H. Williams, Corinn Shemak, Cathy Krumpelbeck, Michael Cureton,
and John Doe as defendants. (See Doc. 1). On March 13, 2012, Defendant the University
of Cincinnati filed a Motion to Dismiss (Doc. 10) on the grounds that it is immune from
suit under th Eleventh Amendment. Plaintiffs subsequently filed a Response in
Opposition (Doc. 13), alleging that the University of Cincinnati was a proper party and
that the Court had jurisdiction over the claims.
On March 21, 2012, Plaintiffs filed an Amended Complaint (Doc. 15). “Because
amended complaints supersede the original pleading, the filing of the amended complaint
in this case . . . render[s] the pending motion to dismiss moot.” Yates v. Applied
Performance Techs., Inc., 205 F.R.D. 497, 499 (S.D. Ohio 2002).
Accordingly, Defendant’s Motion to Dismiss (Doc. 10) is DENIED as moot.1

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The Court also notes that the Amended Complaint (Doc. 15) no longer names the
University of Cincinnati as a defendant. (Doc. 15 at 1).

IT IS SO ORDERED.

Date:

3/22/2012

s/ Timothy S. Black
Timothy S. Black
United States District Judge

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