Opinion

Doe v. City of Harrisburg

Court
District Court, M.D. Pennsylvania
Filed
Sep 5, 2019
Cited by
0 cases
Authority
More cited than 29.0%

The opinion

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JANE DOE, a minor by her mother : CIVIL ACTION NO. 1:19-CV-1027

and natural guardian, JAKLYN :

BROWN, and JAKLYN BROWN, : (Chief Judge Conner)

individually, :

:

Plaintiffs :

:

v. :

:

HARRISBURG SCHOOL DISTRICT, :

HARRISBURG SCHOOL DISTRICT :

d/b/a ROWLAND ACADEMY, :

J. PATRICK NEWTON, in his :

individual and official capacity, :

SYBIL KNIGHT-BURNEY, in her :

individual and official capacity, M.H., :

MS. KRAUTER, in her individual and :

official capacity, and QUINTON COBB, :

in his individual and official capacity, :

:

Defendants :

ORDER

AND NOW, this 5th day of September, 2019, upon consideration of

defendants’ partial motion (Doc. 21) to dismiss pursuant to Federal Rule of

Civil Procedure 12(b)(6) filed August 16, 2019, and further upon consideration

of plaintiffs’ amended complaint (Doc. 23) filed September 3, 2019, and the court

observing that an amended pleading, unless it “specifically refers to or adopts

the earlier pleading,” supersedes the original as the operative pleading for the

lawsuit, W. Run Student Hous. Assocs., LLC v. Huntington Nat’l Bank, 712 F.3d

165, 171 (3d Cir. 2013) (quoting New Rock Asset Partners, L.P. v. Preferred Entity

Advancements, Inc., 101 F.3d 1492, 1504 (3d Cir. 1996)); see also 6 CHARLES ALAN

WRIGHT AND ARTHUR MILLER, ET AL., FEDERAL PRACTICE AND PROCEDURE § 1476 (3d

original complaint a legal nullity, it is hereby ORDERED that:

1. Defendants’ motion (Doc. 21) to dismiss the complaint (Doc. 1) is

DENIED as moot and without prejudice.

2. Defendants shall respond to the amended complaint (Doc. 23) in

accordance with the Federal Rules of Civil Procedure.

/S/ CHRISTOPHER C. CONNER

Christopher C. Conner, Chief Judge

United States District Court

Middle District of Pennsylvania

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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