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Contract: Other | New Jersey
Order on Motion for Leave to Appear Pro Hac Vice
ORDER granting 12 Motion for Leave to Appear Pro Hac Vice as to Julia M. Hilliker. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/2/2026. (jal, )
Labor: Fair Standards | New York Western
Order on Motion to Dismiss/Lack of Jurisdiction Order on Motion to Dismiss for Failure to State a Claim
TEXT ORDER denying as moot 13 Motion to Dismiss the original complaint. Since the filing of Defendant's motion to dismiss the original complaint, ECF No. 13, Plaintiff filed an amended complaint, ECF No. 18. "[A]n amended pleading ordinarily supersedes the original and renders it of no legal effect." Pettaway v. Nat'l Recovery Sols., LLC, 955 F.3d 299, 303 (2d Cir. 2020). A pending motion to dismiss is not automatically rendered moot when a complaint is amended, and a district court may deny a pending motion to dismiss as moot or consider the merits of the motion, analyzing the facts as alleged in the amended pleading. See id. Here, the changes made in the amended complaint may affect the arguments in the motion to dismiss. As such, it is hereby ORDERED that Defendant's motion to dismiss, ECF No. 13, is DENIED AS MOOT. Defendant shall respond to the amended complaint, ECF No. 18, on or before October 30, 2026. SO ORDERED. Signed by Hon. Meredith A. Vacca on 10/02/2026. (EPD)
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