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)

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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 : : : : : : : : : : : : 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

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