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Money v. Kendallville Place Apartments, Phase II, LLC

United States District Court, N.D. Indiana, Fort Wayne Division

October 31, 2014

JEFF MONEY, Plaintiff,
v.
KENDALLVILLE PLACE APARTMENTS, PHASE II, LLC, d/b/a NELSON ESTATES APARTMENTS, PHASE II, Defendant.

OPINION AND ORDER

RUDY LOZANO, District Judge.

This matter is before the Court on Defendant's Motion to Dismiss Complaint Pursuant to Fed.R.Civ.P. 12(b)(6), filed by Defendant, Kendallville Place Apartments, Phase II, LLC, on September 23, 2014. (DE #10.) For the reasons set forth below, the motion is DENIED AS MOOT. On September 24, 2014, Magistrate Judge Cosbey granted Plaintiff until October 6, 2014, to file an amended complaint. Plaintiff's First Amended Complaint was filed on October 6, 2014. (DE #14.) An amended complaint becomes controlling once it is filed because the prior pleading is withdrawn by operation of law. Johnson v. Dossey, 515 F.3d 778, 780 (7th Cir. 2008); see also Duda v. Bd. of Educ. of Franklin Park Pub. Sch. Dist. No. 84, 133 F.3d 1054, 1057 (7th Cir. 1998). Because the First Amended Complaint supersedes the original Complaint, the pending motion to dismiss (DE # 10) is DENIED AS MOOT.


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