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Copyright | Florida Southern
Answer to Complaint
ANSWER and Affirmative Defenses to Complaint by Vanessa Alzate, Kirkpatrick Partners, LLC. Attorney Meredith Mishan Silver added to party Vanessa Alzate(pty:dft), Attorney Meredith Mishan Silver added to party Kirkpatrick Partners, LLC(pty:dft). (Silver, Meredith)
Trademark | Florida Southern
Order on Expedited Motion
PAPERLESS ORDER Granting in part and Denying in part 169 Defendants' Unopposed Expedited Motion for Clarification or Reconsideration and Supporting Memorandum of Law.
"An amended complaint supersedes and replaces the original complaint." Reynolds v. Behrman Capital IV L.P., 988 F.3d 1314, 1319 (11th Cir. 2021). Thus, an amended complaint makes the preceding complaint "a legal nullity." Hoefling v. City of Miami, 811 F.3d 1271, 1277-78 (11th Cir. 2016). As such, there is nothing to dismiss. See De Sisto College v. Line, 888 F.2d 755, 757-758 (11th Cir. 1989) (acknowledging the denial as moot of defendant's motion to dismiss the first amended complaint after the plaintiff had filed a second amended complaint).
Moreover, Local Rule 7.1(c)(2) caps motions to dismiss at twenty pages, "[a]bsent prior permission of the Court." Nothing in Judge Williams order 155 stated that the defendants had permission to exceed page limits. But with the multiple filings and motions, the page limits were exceeded.
However, in the face of some ambiguity in Judge Williams' earlier order, the Court will consider the briefing in 148 , 153 , and 156 in ruling on 164 , which aims to dismiss plaintiffs' 159 Second Amended Complaint.
Signed by District Judge Jeffrey T. Kuntz on 10/2/2027. (mm03)
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