Maley et al v. Shell Western Exploration and Production, LP et al

Filing 17

ORDER - It is hereby ORDERED that: 1. Defts shall respond to amended complaint in acc w/ FRCP.; 2. Motions to dismiss & to strike 10 & 13 DENIED as MOOT w/out prejudice. (See order for complete details.) Signed by Honorable Christopher C. Conner on 03/20/12. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JOHN C. MALEY, et al.
Plaintiffs

:
:
:
v.
:
:
SHELL WESTERN EXPLORATION
:
AND PRODUCTION, LP (SWEPI LP), :
et al.,
:
Defendants
:

CIVIL ACTION NO. 4:11-CV-2358
(Judge Conner)

ORDER
AND NOW, this 20th day of March, 2012, upon consideration of the motion to
dismiss and to strike (Doc. 10) filed on March 5, 2012, by defendants Shell Western
Exploration and Production, LP and Shell Energy holdings, LC, and upon
consideration of the motion to dismiss and to strike (Doc. 13) also filed on March 5,
2012, by defendant East Resources, Inc., and observing that the plaintiffs filed an
amended complaint (Doc. 15) on March 19, 2012, and it appearing that a party may
amend its pleading once as a matter of course within twenty-one (21) days after
serving it, or within twenty-one (21) days after service by the opposing party of a
motion filed pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, see Fed.
R. Civ. P. 15(a)(1)(A)-(B) (governing amendment of pleadings as a matter of course),
and the court finding that an amended complaint renders the original complaint a
legal nullity, see Snyder v. Pascack Valley Hosp., 303 F.3d 271, 276 (3d Cir. 2002)
(“An amended complaint supercedes the original version in providing the blueprint
for the future course of the lawsuit.”); 6 CHARLES ALAN WRIGHT ET AL ., FEDERAL
PRACTICE AND PROCEDURE § 1476 (2d ed. 1990) (“Once an amended pleading is

interposed, the original pleading no longer performs any function in the case . . . .”),
it is hereby ORDERED that:
1.

Defendants shall respond to the amended complaint in accordance
with the Federal Rules of Civil Procedure.

2.

The motions to dismiss and to strike (Docs. 10, 13) are DENIED as
moot without prejudice.

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge