Graham Engineering Corp. v. Kramer

Filing 46

ORDER denying Kramer's MTD 27 as MOOT & w/out prejudice & directing Kramer 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)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA GRAHAM ENGINEERING CORP., Plaintiff v. WILLIAM KRAMER, Defendant : : : : : : : : : CIVIL ACTION NO. 1:16-CV-2523 (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 William Kramer (“Kramer”) 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. Kramer’s motion (Doc. 27) to dismiss is DENIED as moot and without prejudice. 2. Kramer 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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