Bridgestone Americas Tire Operations LLC v. Huf North America Automotive Parts Manufacturing Corp et al

Filing 59

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)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN BRIDGESTONE AMERICAS TIRE OPERATIONS LLC, Plaintiff, Case No. 17-CV-951-JPS-JPS v. HUF NORTH AMERICA AUTOMOTIVE PARTS MANUFACTURING CORP. and HUF HULSBECK & FURST GMBH & CO. KG, ORDER Defendants. 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 Accordingly, 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. 1 Page 2 of 2

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