Stine v. Pennsylvania State Police, Bureau of Liquor Control Enforcement

Filing 18

ORDER denying defendants' motion 8 to dismiss 1st amended complaint as MOOT. (See order for complete details.) Signed by Honorable Christopher C. Conner on 11/20/09. (ki)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CHRISTOPHER L. STINE, Plaintiff v. PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT, et al., Defendants : : : : : : : : : : : CIVIL ACTION NO. 1:09-CV-0944 (Judge Conner)

ORDER AND NOW, this 20th day of November, 2009, upon consideration of defendants' motion to dismiss (Doc. 8), and it appearing that plaintiffs have filed an amended complaint (see Doc. 15), and that the amended complaint renders the original complaint a legal nullity, see Snyder v. Pascack Valley Hosp., 303 F.3d 271, 276 (3d Cir. 2002) ("An amended complaint supercedes the original version in providing the blueprint for the future course of the lawsuit."); 6 CHARLES ALAN WR IG H T ET AL., FEDERAL PRACTICE AND PROCEDURE § 1476 (3d ed. 2004) ("Once an amended pleading is interposed, the original pleading no longer performs any function in the case . . . ."), it is hereby ORDERED that the motion to dismiss the first amended complaint (Doc. 8) is DENIED as moot.

S/ Christopher C. Conner CHRISTOPHER C. CONNER United States District Judge