Infostructure, Inc. d/b/a Click 1 v. Gibson Electric Membership Corporation et al

Filing 38

ORDER DENYING AS MOOT DEFENDANTS 16 MOTION TO DISMISS PLAINTIFFS INITIAL COMPLAINT. Signed by Judge J. Daniel Breen on 6/26/18. (mbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
INFOSTRUCTURE, INC., d/b/a Click 1,

)
)
Plaintiff,
)
)
v.
)
)
GIBSON ELECTRIC MEMBERSHIP
)
CORPORATION and GIBSON CONNECT LLC, )
)
Defendants.
)

Case No. 1:18-cv-02230-JDB-egb

ORDER DENYING AS MOOT DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S
INITIAL COMPLAINT

Pending on the Court’s docket is the April 25, 2018, motion of the Defendants, Gibson
Electric Membership Corporation and Gibson Connect LLC (collectively, “Gibson”), to dismiss
the Plaintiff’s complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.
(Docket Entry (“D.E.”) 16.) Subsequent to Gibson’s filing, the Plaintiff amended its complaint.1
(D.E. 30.) As “[a]n amended complaint supersedes an earlier complaint for all purposes,” In re
Refrigerant Compressors Antitrust Litig., 731 F.3d 586, 589 (6th Cir. 2013), the motion to
dismiss the initial complaint is now moot and is DENIED on that basis.
IT IS SO ORDERED this 26th day of June 2018.
s/ J. DANIEL BREEN
UNITED STATES DISTRICT JUDGE

1The

Defendants moved to dismiss the amended pleading on June 22, 2018. (D.E. 36.)