Magnesita Refractories Company v. Tianjin New Century Refractories Co., Ltd. et al

Filing 38

ORDER denying defts' MTDs 29 & 30 as MOOT & w/out prejudice & directing defts to response to amended complaint in acc w/ FRCP. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 11/29/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MAGNESITA REFRACTORIES
COMPANY,
Plaintiff
v.
TIANJIN NEW CENTURY
REFRACTORIES CO., LTD.,
YINGKOU NEW CENTURY
REFRACTORIES LTD., NEW
CENTURY REFRACTORY
SOLUTIONS INC., and DONALD
GRIFFIN, an individual doing
business as Technical Consultant’s
Laboratories,
Defendants

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CIVIL ACTION NO. 1:17-CV-1587
(Chief Judge Conner)

ORDER
AND NOW, this 29th day of November, 2017, upon consideration of
defendants’ motions (Docs. 29, 20) to dismiss pursuant to Federal Rules of Civil
Procedure 12(b)(1), 12(b)(2), 12(b)(5), and 12(b)(6) filed November 3 and November
13, 2017, respectively, and further upon consideration of plaintiff’s amended
complaint (Doc. 33) filed November 22, 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.

Defendants’ motions (Docs. 29, 30) to dismiss the complaint (Doc. 1)
are DENIED as moot and without prejudice.

2.

Defendants shall respond to the amended complaint (Doc. 33) 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