Judge McBryde Finds That An Amended Complaint Filed While Motion to Dismiss Is Pending Moots Motion to Dismiss

Judge McBryde made clear, in an November 10, 2015 Order (available here), that when a motion to dismiss is pending and the plaintiff amends its complaint, the motion to dismiss becomes moot: “So that there will be no confusion, i.e., no need for sur-replies to replies that will raise new grounds for dismissal, the court is ordering that the motions to dismiss, which address the original complaint, be denied as moot.”

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