HARRIS v. SALLIE MAE BANK

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION VIRGIL E. HARRIS, JR, ) Plaintiff, vs. No. 1:23-cv-01475-JMS-MKK SALLIE MAE BANK, Defendant.

ORDER Presently pending before the Court is a Motion to Dismiss filed by Defendant Sallie Mae Bank. [Filing No. 13.] In response, Plaintiff filed a Motion for Leave to Amend Complaint, [Filing No. 21], which the Court granted, [Filing No. 26]. Plaintiff has now filed an Amended Complaint. [Filing No. 27.] Plaintiff's Amended Complaint now controls this litigation and supersedes the pleading at which the Motion to Dismiss is directed. See Chasensky v. Walker, 740 F.3d 1088, 1094 (7th Cir. 2014) ("When a plaintiff files an amended complaint, the new complaint supersedes all previous complaints and controls the case from that point forward...[b]ecause a plaintiffs new complaint wipes away prior pleadings[.]") (citations omitted). Accordingly, the pending Motion to Dismiss, [13], is DENIED AS MOOT. Defendant must answer or otherwise respond to Plaintiff's Amended Complaint as contemplated by the Federal Rules of Civil Procedure.

Date: 2/1/2024 = one Mpa! CS: (Hon. Jane Magnus-Stinson, Judge United States District Court Southern District of Indiana Distribution via ECF only to all counsel of record