Watson v. Witmer et al

Filing 18

ORDER directing defts to respond to amended complaint 17 in acc w/ FRCP & DENYING motion 12 to dismiss pltf's complaint as MOOT w/out prejudice. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/18/15. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANTONIO WATSON,
Plaintiff
v.
DETECTIVE TODD WITMER et al.,
Defendants

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CIVIL ACTION NO. 1:15-CV-1349
(Chief Judge Conner)

ORDER
AND NOW, this 18th day of August, 2015, upon consideration of the first
motion (Doc. 12) to dismiss plaintiff’s complaint pursuant to Federal Rule of Civil
Procedure 12(b)(6), filed by defendants Todd Witmer, Lower Paxton Township,
David Johnson, and Lower Paxton Township Police Department on August 1, 2015,
and upon further consideration of plaintiff’s amended complaint (Doc. 17), filed on
August 17, 2015, 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 a lawsuit.”); 6 CHARLES ALAN
WRIGHT & ARTHUR R. MILLER, FEDERAL PRACTICE AND PROCEDURE § 1476 (3d ed.
2014) (“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. 17) in
accordance with the Federal Rules of Civil Procedure.

2.

The motion (Doc. 12) to dismiss plaintiff’s complaint is DENIED as
moot without prejudice.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania