April Ellis v. Frank Torres, et al.

Summary

The United States District Court for the District of Montana denied the defendants’ motion to dismiss as moot because the plaintiff filed an amended complaint, which superseded the original complaint. The court partially granted and partially denied the plaintiff’s accommodation requests, permitting efforts to schedule in-person hearings in Great Falls but requiring conventional filing or use of CM/ECF rather than email filing.

Holdings

1. Because an amended pleading supersedes the original pleading, defendants' motion to dismiss the original complaint was rendered moot and was denied on that basis.
2. Defendants named in the amended complaint must answer or otherwise respond by the deadline provided in Federal Rule of Civil Procedure 12(a).
3. Ellis's accommodation requests were granted in part and denied in part: the court would attempt to schedule hearings in person at the Missouri River Federal Courthouse in Great Falls when possible, but Ellis could not file documents by email and could file conventionally or through CM/ECF.

Questions Presented

1. Whether defendants' motion to dismiss the original complaint remained operative after plaintiff filed an amended complaint.
2. Whether Ellis's requests for accommodations concerning hearings and filing methods should be granted.

Disposition

other