Gilbert v. Milton Hershey School

Filing 13

ORDER denying deft's MTD 5 as MOOT & w/out prejudice & directing deft to respond to amended complaint 12 in acc w/ FRCP. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 12/20/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
KIERSTIN GILBERT,

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Plaintiff
v.
MILTON HERSHEY SCHOOL,
Defendant

CIVIL ACTION NO. 1:16-CV-1798
(Chief Judge Conner)

ORDER
AND NOW, this 20th day of December, 2016, upon consideration of
defendant’s motion (Doc. 5) to dismiss pursuant to Federal Rule of Civil Procedure
12(b)(6) or, in the alternative, for summary judgment pursuant to Federal Rule of
Civil Procedure 56, filed November 17, 2016, and further upon consideration of
plaintiff’s amended complaint (Doc. 12), filed December 15, 2016, and the court
observing that “[a]n amended complaint [supersedes] the original version in
providing the blueprint for the future course of the lawsuit,” Snyder v. Pascack
Valley Hosp., 303 F.3d 271, 276 (3d Cir. 2002); see also 6 CHARLES ALAN WRIGHT ET
AL., FEDERAL PRACTICE AND PROCEDURE §

1476 (3d ed. 2016), and thus finding that

the amended complaint renders the original complaint a legal nullity, it is hereby
ORDERED that:
1.

Defendant’s motion (Doc. 5) to dismiss is DENIED as moot and
without prejudice.

2.

Defendant shall respond to the amended complaint (Doc. 12) in
accordance with the Federal Rules of Civil Procedure.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania