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Abrams v. FMS Investment Corp.

United States District Court, S.D. Indiana, Indianapolis Division

May 7, 2014

SONYA J. ABRAMS, Plaintiff,
v.
FMS INVESTMENT CORP., Defendant.

ORDER

JANE MAGNUS-STINSON, District Judge.

Plaintiff Sonya J. Abrams filed this putative class action on February 24, 2014, alleging that Defendant FMS Investment Corp. ("FMS") has violated the Fair Debt Collection Practices Act. [Filing No. 1.] On April 24, 2014, FMS filed a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). [Filing No. 18.] On May 6, 2014, Ms. Abrams filed an Amended Complaint.[1] [Filing No. 24.]

"When a plaintiff files an amended complaint, the new complaint supersedes all previous complaints and controls the case from that point forward." Massey v. Helman , 196 F.3d 727, 735 (7th Cir. 1999). Thus, FMS' pending Motion to Dismiss is moot. See, e.g., Energy Mgmt. Int'l, Inc v. Indopco, Inc. , 2007 WL 3232217 n.1 (S.D. Ind. 2007) (denying as moot a pending motion to dismiss in light of an amended complaint).

Accordingly, FMS' pending Motion to Dismiss is DENIED AS MOOT. [Filing No. 18.] FMS shall answer or otherwise respond to Ms. Abrams' Amended Complaint, [Filing No. 24], as set forth in the Federal Rules of Civil Procedure.


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