Behavioral Health Industry News, Inc. v. Mental Health Systems, Inc.
Filing
43
ORDER denying MTD 36 counterclaim & strike scandalous & impertinent mat'l as moot & w/out prejudice & direcing pltf & counterclaime deft Behavioral Health & 3rd party defts Open Minds Global, Oss & Travers to respond to amended counterclaim in acc w/ FRCP. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/29/17. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
BEHAVIORAL HEALTH INDUSTRY
NEWS, INC., D/B/A OPEN MINDS,
INC.,
Plaintiff
v.
MENTAL HEALTH SYSTEMS, INC.,
Defendant, Counterclaim
Plaintiff, and Third-Party
Plaintiff
v.
BEHAVIORAL HEALTH INDUSTRY
NEWS, INC., D/B/A OPEN MINDS,
INC., OPEN MINDS GLOBAL, INC.,
MONICA E. OSS, and JOE
NAUGHTON TRAVERS,
Counterclaim and
Third-Party Defendants
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CIVIL ACTION NO. 1:16-CV-1874
(Chief Judge Conner)
ORDER
AND NOW, this 29th day of August, 2017, upon consideration of the motion
(Doc. 36) to dismiss counterclaim and strike scandalous and impertinent material
by plaintiff and counterclaim defendant Behavioral Health Industry News, Inc.,
d/b/a Open Minds and third-party defendants Open Minds Global, Inc., Monica E.
Oss, and Joe Naughton Travers, and further upon consideration of the amended
answer and counterclaim (Doc. 42) filed on August 25, 2017 pursuant to Federal
Rule of Civil Procedure 15(a)(1), see FED. R. CIV. P. 15(a)(1), and the court’s order
(Doc. 41) granting an extension of time in which to file an amended answer and
counterclaim, and the court finding that an amended pleading supersedes and
renders the original a legal nullity, see Snyder v. Pascack Valley Hosp., 303 F.3d
271, 276 (3d Cir. 2002); 6 CHARLES ALAN WRIGHT ET AL., FEDERAL PRACTICE AND
PROCEDURE § 1476 (2d ed. 1990), it is hereby ORDERED that:
1.
The motion (Doc. 36) to dismiss counterclaim and strike scandalous
and impertinent material is DENIED as moot and without prejudice.
2.
Plaintiff and counterclaim defendant Behavioral Health Industry
News, Inc., d/b/a Open Minds and third-party defendants Open Minds
Global, Inc., Monica E. Oss, and Joe Naughton Travers shall respond
to the amended counterclaim (Doc. 42) 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
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