Gentzler v. Graham Packaging Co.

Filing 18

ORDER denying deft's MTD 11 as MOOT & w/out prejudice & directing that deft shall respond to amended complaint 14 in acc w/ FRCP. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 11/29/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
KELI R. GENTZLER,
Plaintiff
v.
GRAHAM PACKAGING CO.,
Defendant

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CIVIL ACTION NO. 1:16-CV-1845
(Chief Judge Conner)

ORDER
AND NOW, this 29th day of November, 2016, upon consideration of
defendant’s motion (Doc. 11) to dismiss pursuant to Federal Rules of Civil
Procedure 12(b)(1) and 12(b)(6), filed November 11, 2016, and further upon
consideration of plaintiff’s amended complaint (Doc. 14) filed November 22, 2016,
and the court noting 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. 2015), and the
court thus finding that the amended complaint renders the original complaint a
nullity, it is hereby ORDERED that:
1.

Defendant’s motion (Doc. 11) to dismiss the original complaint (Doc. 1)
is DENIED as moot and without prejudice.

2.

Defendant shall respond to the amended complaint (Doc. 14) 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