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Bolus v. Bolus

United States District Court, Middle District of Pennsylvania
Mar 21, 2024
CIVIL 3:23-CV-1378 (M.D. Pa. Mar. 21, 2024)

Opinion

CIVIL 3:23-CV-1378

03-21-2024

ROBERT BOLUS, Plaintiff, v. BRIAN BOLUS, et al., Defendant.


MEMORANDUM AND ORDER

MARTIN C. CARLSON, UNITED STATES MAGISTRATE JUDGE

The background of this order is as follows:

The plaintiff commenced this action by filing a complaint. (Doc. 1.) The defendants then filed a motion to dismiss the complaint. (Doc. 9.) The plaintiff has now filed an amended complaint. (Doc. 14.) Rule 15(a) of the Federal Rules of Civil Procedure, which governs amendment of pleadings strongly favors amendment of pleadings, permits an amendment as a matter of course in response to a motion to dismiss and otherwise provides that such leave to amend should be liberally granted “when justice so requires.” Fed.R.Civ.P. 15(a)(2).

Accordingly, IT IS ORDERED as follows:

1. The plaintiff's proposed amended complaint, (Doc. 14), will be lodged by the clerk as the amended complaint in this matter.

2. We believe that this development has substantive significance for the parties with respect to the pending motion to dismiss the original complaint filed by Navient since, as a matter of law, an amended complaint takes the place of the original complaint, effectively invalidating the original complaint. Crysen/Montenay Energy Co. v. Shell Oil Co. (In re Crysen/Montenay Energy Co.), 226 F.3d 160, 162 (2d Cir. 2000) ("[A]n amended pleading ordinarily supersedes the original and renders it of no legal effect"); see 6 Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice & Procedure' 1476 (2d ed. 1990) ("A pleading that has been amended Y supersedes the pleading it modifies.... Once an amended pleading is interposed, the original pleading no longer performs any function in the case...."). Therefore, since Sereyka's initial complaint is now a legal nullity the defendant's motion to dismiss that initial complaint, (Doc. 9), is DISMISSED as moot.

3. However, this leave to amend is granted without prejudice to the assertion of any defenses or dispositive motions that the defendants may believe are appropriate with respect to the amended complaint.

SO ORDERED.


Summaries of

Bolus v. Bolus

United States District Court, Middle District of Pennsylvania
Mar 21, 2024
CIVIL 3:23-CV-1378 (M.D. Pa. Mar. 21, 2024)
Case details for

Bolus v. Bolus

Case Details

Full title:ROBERT BOLUS, Plaintiff, v. BRIAN BOLUS, et al., Defendant.

Court:United States District Court, Middle District of Pennsylvania

Date published: Mar 21, 2024

Citations

CIVIL 3:23-CV-1378 (M.D. Pa. Mar. 21, 2024)