UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------X HUB GROUP, INC., : 23 Civ. 8728 (JGK) (GS) : : ORDER Plaintiff, : : - against - : : SPL GROUP, INC., : : Defendant. : ---------------------------------------------------------------X GARY STEIN, United States Magistrate Judge: Due to Defendant’s filing of a timely Amended Answer and Counterclaim on May 6, 2024 (Dkt. No. 39), and Plaintiff’s May 28, 2024 Answer and Motion to Strike Defendant’s Fourth Affirmative Defense in response (see Dkt. Nos. 41-42), Defendant’s January 16, 2024 pleading (Dkt. No. 19) is no longer operative. See Tripathy v. McClowski, No. 21-2094,

, at *2 (2d Cir. June 9, 2022) (summary order) (citing 6 C. Wright & A. Miller, Federal Practice and Procedure § 1476 (3d ed.) (“Once an amended pleading is interposed, the original pleading no longer performs any function in the case . . . .”)); see also Silk v. HCMC Legal, Inc., No. 20 Civ. 10389 (KPF),

, at *1 (S.D.N.Y. Feb. 24, 2021) (“The Court agrees with Defendants that their original Answers were superseded by the subsequent filing of their Amended Answers.”). Therefore, Plaintiff’s April 8, 2024 motions for a more definite statement and to strike six of Defendant’s affirmative defenses (Dkt. Nos. 30 and 31), are DENIED as MOOT. The Clerk of Court is respectfully directed to close the open motions at Docket Numbers 30 and 31. SO ORDERED. DATED: New York, New York May 31, 2024 Mea GARY a United States Magistrate Judge