Graham Engineering Corp. v. Slusarz

Filing 45

ORDER denying Slusarz's MTD 26 as MOOT & w/out prejudice & directing Adair to respond to 2nd amended complaint 44 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. KEVIN SLUSARZ, Defendant : : : : : : : : : CIVIL ACTION NO. 1:16-CV-2527 (Chief Judge Conner) ORDER AND NOW, this 18th day of October, 2017, upon consideration of the motion (Doc. 26) to dismiss filed April 14, 2017 by defendant Kevin Slusarz (“Slusarz”) pursuant to Federal Rule of Civil Procedure 12(b)(6), and further upon consideration of plaintiff Graham Engineering Corporation’s second amended complaint (Doc. 44) 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. Slusarz’s motion (Doc. 26) to dismiss is DENIED as moot and without prejudice. 2. Slusarz shall respond to the second amended complaint (Doc. 44) 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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