Professional Documents
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On July 10, 2015, Defendant Brady Farrell filed a Motion to Dismiss pursuant to Rule
12(b) as his initial responsive pleading. (Dckt. No. 7.) On July 30, 2015, Plaintiff Matthew
Finston timely filed his First Amended Complaint pursuant to Rule 15(a)(1)(B) of the Federal
Rules of Civil Procedure, which allows Finston to file his First Amended Complaint 21 days
after service of a motion under Rule 12(b). FED. R. CIV. P. 15(a)(1)(B).
The First Amended Complaint supersedes the original complaint, rendering it a nullity.
See Drake v. City of Detroit, 266 F. Appx 444, 448 (6th Cir. 2008). An amended complaint
filed after a motion to dismiss has been filed renders the motion to dismiss moot. Barnes v.
Birds Eye Foods LLC, No. 10-541, 2010 U.S. Dist. LEXIS 69579 (W.D. Mich. July 12, 2010)
(citing Bancoult v. McNamara, 214 F.R.D. 5, 13 (D.D.C. 2003) (Because the original complaint
now is superseded by the amended complaint, the court denies without prejudice all pending
motions pertaining to the original complaint.).)
WHEREFORE, Finston respectfully requests that this Court deny Defendant Samuel
Carys Motion to Dismiss without prejudice.
Respectfully submitted,
BOYLE BURDETT
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