Rite-Hite Holding Corporation et al v. Systems LLC
Filing
26
ORDER signed by Judge J.P. Stadtmueller on 10/17/2018 DENYING as moot and without prejudice 19 Plaintiffs' Motion to Dismiss Defendant's Original Counterclaims. (cc: all counsel) (jm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
RITE-HITE HOLDING CORPORATION
and RITE-HITE PRODUCTS
CORPORATION,
Plaintiffs,
Case No. 18-CV-869-JPS
v.
ORDER
SYSTEMS LLC,
Defendant.
On June 7, 2018, the plaintiffs filed a complaint against the defendant
alleging a claim for patent infringement, and on July 17, 2018, they filed an
amended complaint. (Docket #1 and #13). On August 6, 2018, the defendant
filed an answer to the first amended complaint and two counterclaims
against the plaintiffs. (Docket #17). The plaintiffs moved to dismiss the
defendant’s counterclaims pursuant to Federal Rule of Civil Procedure
12(b)(6). (Docket #19). In lieu of responding to the motion, the defendant
filed an amended answer and counterclaims. (Docket #22); see also (Docket
#24). The plaintiffs have since answered the defendant’s amended
counterclaims. (Docket #25).
When an amended pleading is filed, it becomes the controlling
pleading and the prior pleading is withdrawn. Johnson v. Dossey, 515 F.3d
778, 780 (7th Cir. 2008). Thus, the defendant’s amended answer and
counterclaims has become the defendant’s active pleading, and the
plaintiffs’ motion to dismiss the defendant’s original counterclaims will be
denied as moot.
Accordingly,
IT IS ORDERED that the plaintiffs’ motion to dismiss the
defendant’s counterclaims (Docket #19) be and the same is hereby DENIED
as moot and without prejudice.
Dated at Milwaukee, Wisconsin, this 17th day of October, 2018.
BY THE COURT:
J.P. Stadtmueller
U.S. District Judge
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