Amelia Cazares v. Dan Dan LLC

Summary

The United States District Court for the Eastern District of Wisconsin denied Dan Dan LLC’s motion to dismiss as moot. The court held that the motion directed at the original complaint became moot when Plaintiff Amelia Cazares filed an amended complaint, which superseded the original pleading, and noted that Defendant could file a new motion directed at the amended complaint.

Holdings

1. A motion to dismiss directed at the original complaint becomes moot when the plaintiff files an amended complaint that supersedes the original pleading.
2. The court did not reach waiver on the merits because Plaintiff's amended complaint, rather than a response brief, superseded the original complaint and mooted the pending motion.

Questions Presented

1. Whether a defendant's pending motion to dismiss the original complaint becomes moot when the plaintiff files an amended complaint that supersedes the original pleading.
2. Whether the defendant's reply argument that the plaintiff waived opposition to the motion required consideration of the merits after the amended complaint was filed.

Disposition

other