# Doe v. City of Harrisburg

> District Court, M.D. Pennsylvania · September 5, 2019

URL: https://www.frixlaw.com/law-library/cases/10407658

## Case

- **Court:** District Court, M.D. Pennsylvania
- **Decided:** September 5, 2019
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10407658

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10407658. Public record. Not legal advice.