alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

ROBERT BOLUS, : Civil No. 3:23-CV-1378

:

 Plaintiff, :

:

v. :

:

BRIAN BOLUS, et al., : (Magistrate Judge Carlson)

:

 Defendant. :

MEMORANDUM AND ORDER

The background of this order is as follows:

The plaintiff commenced this action by filing a complaint. (Doc. 1.) The 

defendants then filed a motion to dismiss the complaint. (Doc. 9.) The plaintiff has 

now filed an amended complaint. (Doc. 14.) Rule 15(a) of the Federal Rules of Civil 

Procedure, which governs amendment of pleadings strongly favors amendment of 

pleadings, permits an amendment as a matter of course in response to a motion to 

dismiss and otherwise provides that such leave to amend should be liberally granted 

“when justice so requires.” Fed. R. Civ. P. 15(a)(2). 

Accordingly, IT IS ORDERED as follows:

1. The plaintiff’s proposed amended complaint, (Doc. 14), will be lodged 

by the clerk as the amended complaint in this matter. 

Case 3:23-cv-01378-MCC Document 15 Filed 03/21/24 Page 1 of 2
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2. We believe that this development has substantive significance for the 

parties with respect to the pending motion to dismiss the original complaint filed by 

Navient since, as a matter of law, an amended complaint takes the place of the 

original complaint, effectively invalidating the original complaint. Crysen/Montenay 

Energy Co. v. Shell Oil Co. (In re Crysen/Montenay Energy Co.), 226 F.3d 160, 162 

(2d Cir. 2000) ("[A]n amended pleading ordinarily supersedes the original and 

renders it of no legal effect"); see 6 Charles Alan Wright, Arthur R. Miller & Mary 

Kay Kane, Federal Practice & Procedure ' 1476 (2d ed. 1990) ("A pleading that has 

been amended Y supersedes the pleading it modifiesY. Once an amended pleading is 

interposed, the original pleading no longer performs any function in the caseY."). 

Therefore, since Sereyka’s initial complaint is now a legal nullity the defendant’s 

motion to dismiss that initial complaint, (Doc. 9), is DISMISSED as moot.

3. However, this leave to amend is granted without prejudice to the 

assertion of any defenses or dispositive motions that the defendants may believe are 

appropriate with respect to the amended complaint.

SO ORDERED, this 21st day of March 2024.

/s/ Martin C. Carlson 

Martin C. Carlson

United States Magistrate Judge 

Case 3:23-cv-01378-MCC Document 15 Filed 03/21/24 Page 2 of 2
Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Notices 49303

DEPARTMENT OF THE TREASURY

Internal Revenue Service

Joint Board for the Enrollment of

Actuaries; Advisory Committee on

Actuarial Examinations; Meeting

Notice is hereby given that the

Advisory Committee on Actuarial

Examinations will meet in Conference

Room 230 A&B of the Aerospace

Building, L’Enfant Plaza, 901 D Street,

SW., Washington, DC, on September 29,

1997, beginning at 8:30 a.m.

The purpose of the meeting is to

discuss topics and questions which may

be recommended for inclusion on future

Joint Board examinations in actuarial

mathematics and methodology referred

to in Title 29 U.S. Code, section

1242(a)(1)(B).

A determination as required by

section 10(d) of the Federal Advisory

Committee Act (Pub. L. 92–463) has

been made that the subject of the

meeting falls within the exception to the

open meeting requirement set forth in

title 5 U.S. Code, section 552b(c)(9)(B),

and that the public interest requires that

such meeting be closed to public

participation.

Dated: September 8, 1997.

Robert I. Brauer,

Advisory Committee Management Officer,

Joint Board for the Enrollment of Actuaries.

[FR Doc. 97–24998 Filed 9–18–97; 8:45 am]

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