Middletown Borough v. Middletown Water Joint Venture LLC

Filing 46

ORDER denying deft's MTD 40 as MOOT & w/out prejudice & directing defts respond to amended complaint in acc w/ FRCP. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 7/18/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MIDDLETOWN BOROUGH,
Plaintiff
v.
MIDDLETOWN WATER JOINT
VENTURE LLC,
Defendant

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CIVIL ACTION NO. 1:18-CV-861
(Chief Judge Conner)

ORDER
AND NOW, this 18th day of July, 2018, upon consideration of defendant’s
motion (Doc. 40) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6)
filed June 22, 2018, and further upon consideration of plaintiff’s amended complaint
(Doc. 45) filed July 13, 2018, 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. 40) to dismiss the complaint (Doc. 1-2 at 6-25)
is DENIED as moot and without prejudice.

2.

Defendants shall respond to the amended complaint (Doc. 45) 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