Mascarini et al v. Quality Employment Services & Training et al

Filing 11

ORDER re: defts' motion to dismiss 3 pltfs' complaint - It is hereby ORDERED that: 1. Defts shall respond to amended complaint 8 in acc w/ FRCP.; 2. motion to dismiss complaint in part 3 DENIED as MOOOT w/out prejudice. (See order for complete details.) Signed by Honorable Christopher C. Conner on 08/30/10. (ki)

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Mascarini et al v. Quality Employment Services & Training et al Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ALICE MASCARINI, et al., : : Plaintiffs : : v. : : QUALITY EMPLOYMENT SERVICES : & TRAINING, et al., : : Defendants : CIVIL ACTION NO. 1:10-CV-1546 (Judge Conner) ORDER AND NOW, this 30th day of August, 2010, upon consideration of plaintiffs' amended complaint (Doc. 8), see FED. R. CIV. P. 15(a)(1)(A), filed on August 27, 2010, and of defendants' motion to dismiss plaintiffs' complaint in part (Doc. 3) filed on August 2, 2010, and the court finding that an 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 (2d ed. 1990) ("Once an amended pleading is interposed, the original pleading no longer performs any function in the case . . . ."), it is hereby ORDERED that: 1. Defendants shall respond to the amended complaint (Doc. 8) in accordance with the Federal Rules of Civil Procedure. The motion to dismiss the complaint in part (Doc. 3) is DENIED as MOOT without prejudice. 2. S/ Christopher C. Conner CHRISTOPHER C. CONNER United States District Judge

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