Brackbill v. Ruff et al

Filing 17

ORDER denying defts' MTD 12 as MOOT & w/out prejudice & directing defts to respond to amended complaint in acc w/ FRCP. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/15/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CALVIN E. BRACKBILL,
Plaintiff
v.
STEPHEN RUFF, GREGORY A.
HILL, IAN L. DAWSON,
TYRON E. MEIK, and
CITY OF HARRISBURG, PA,
Defendants

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CIVIL ACTION NO. 1:17-CV-1046
(Chief Judge Conner)

ORDER
AND NOW, this 15th day of September, 2017, upon consideration of
defendants’ motion (Doc. 12) to dismiss pursuant to Federal Rule of Civil Procedure
12(b)(6) filed August 14, 2017, and further upon consideration of plaintiff’s amended
complaint (Doc. 16) filed September 14, 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
complaint renders the original complaint a nullity, it is hereby ORDERED that:
1.

Defendants’ motion (Doc. 12) to dismiss the complaint (Doc. 1) is
DENIED as moot and without prejudice.

2.

Defendants shall respond to the amended complaint (Doc. 16) 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