Graham Engineering Corp. v. Adair
Filing
46
ORDER denying Adair's MTD 27 as MOOT & w/out prejudice & directing Adair to respond to 2nd amended complaint 45 in acc w/ FRCP. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 10/18/17. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GRAHAM ENGINEERING CORP.,
Plaintiff
v.
ERIC ADAIR,
Defendant
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CIVIL ACTION NO. 1:16-CV-2521
(Chief Judge Conner)
ORDER
AND NOW, this 18th day of October, 2017, upon consideration of the motion
(Doc. 27) to dismiss filed April 14, 2017 by defendant Eric Adair (“Adair”) pursuant
to Federal Rule of Civil Procedure 12(b)(6), and further upon consideration of
plaintiff Graham Engineering Corporation’s second amended complaint (Doc. 45)
filed October 17, 2017, and the court noting that an amended pleading supersedes
the original “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 second amended complaint renders the first amended
complaint a nullity, it is hereby ORDERED that:
1.
Adair’s motion (Doc. 27) to dismiss is DENIED as moot and without
prejudice.
2.
Adair shall respond to the second amended complaint (Doc. 45) 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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