Graham Enginerring Corp. v. Schilke

Filing 47

ORDER denying Schilke's MTD 27 as MOOT & w/out prejudice & directing Schilke to respond to 2nd amended complaint 46 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.
DANIEL SCHILKE,
Defendant

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CIVIL ACTION NO. 1:16-CV-2526
(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 Daniel Schilke (“Schilke”)
pursuant to Federal Rule of Civil Procedure 12(b)(6), and further upon
consideration of plaintiff Graham Engineering Corporation’s second amended
complaint (Doc. 46) 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.

Schilke’s motion (Doc. 27) to dismiss is DENIED as moot and without
prejudice.

2.

Schilke shall respond to the second amended complaint (Doc. 46) 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