Bridgestone Americas Tire Operations LLC v. Huf North America Automotive Parts Manufacturing Corp et al
ORDER signed by Judge J.P. Stadtmueller on 1/10/2018. 55 Plaintiff's Motion for Leave to Amend Complaint GRANTED; Plaintiff's proposed amended complaint (Docket #55-1) to become Plaintiff's operative pleading. 35 Defendants' Motion to Dismiss DENIED as moot. 38 , 49 and 56 Parties' Motions to Restrict Documents GRANTED. (cc: all counsel) (jm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
BRIDGESTONE AMERICAS TIRE
Case No. 17-CV-951-JPS-JPS
HUF NORTH AMERICA
MANUFACTURING CORP. and HUF
HULSBECK & FURST GMBH & CO.
On January 5, 2018, Plaintiff filed a motion for leave to amend its
Complaint. (Docket #55). The Amended Complaint updates Plaintiff’s
pleading based on information learned during discovery, including adding
a new party and offering further allegations of patent infringement and
personal jurisdiction. Id.; see also (Docket #57-1). Federal Rule of Civil
Procedure 15(a)(2) sets a liberal standard for allowing amendment of
pleadings. Runnion ex rel. Runnion v. Girl Scouts of Greater Chi. and Nw. Ind.,
786 F.3d 510, 519-20 (7th Cir. 2015). Further, Plaintiff represents that
Defendants do not oppose the motion. (Docket #57-1 at 2). In light of the
foregoing, the Court will grant Plaintiff’s motion, and its proposed
Amended Complaint shall become Plaintiff’s operative pleading. (Docket
#55-1). Defendants’ pending motion to dismiss, directed at the original
Complaint, must be denied as moot. (Docket #35); Duda v. Bd. of Educ. of
Franklin Park Pub. Sch. Dist. No. 84, 133 F.3d 1054, 1056-57 (7th Cir. 1998) (an
amended complaint supersedes and renders null a prior complaint).1
IT IS ORDERED that Plaintiff’s motion for leave to amend its
complaint (Docket #55) be and the same is hereby GRANTED;
IT IS FURTHER ORDERED that Defendants’ motion to dismiss
(Docket #35) be and the same is hereby DENIED as moot; and
IT IS FURTHER ORDERED that the parties’ motions to seal (Docket
#38, #49, and #56) be and the same are hereby GRANTED.
Dated at Milwaukee, Wisconsin, this 10th day of January, 2018.
BY THE COURT:
J. P. Stadtmueller
U.S. District Judge
The Court will also grant the parties’ various motions to seal, (Docket #38,
#49, and #56), filed as part of the briefing for the motion to dismiss and the motion
for leave to amend.
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