Kern v. Hanover Foods Corporation

Filing 11

ORDER denying deft's MTD 5 original complaint 1 as MOOT & w/out prejudice directing deft to respond to amended complaint 8 in acc w/ FRCP. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/15/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CARLA KERN,
Plaintiff
v.
HANOVER FOODS CORPORATION,
Defendant

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CIVIL ACTION NO. 1:17-CV-640
(Chief Judge Conner)

ORDER
AND NOW, this 15th day of June, 2017, upon consideration of defendant’s
motion (Doc. 5) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), filed
June 12, 2017, and further upon consideration of plaintiff’s amended complaint (Doc. 8)
filed June 13, 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 amended complaint renders the original complaint a nullity, it is
hereby ORDERED that:
1.

Defendant’s motion (Doc. 5) to dismiss the original complaint (Doc. 1) is
DENIED as moot and without prejudice.

2.

Defendant shall respond to the amended complaint (Doc. 8) 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