Curtis v. Caine & Weiner Company, Inc.

Justia Dockets & Filings Eighth Circuit Missouri Eastern District Curtis v. Caine & Weiner Company, Inc.

Curtis v. Caine & Weiner Company, Inc.

Plaintiff:	Paulette Curtis
Defendant:	Caine & Weiner Company, Inc.
Case Number:	4:2015cv01721
Filed:	November 18, 2015
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
County:	St. Louis - City
Presiding Judge:	Catherine D. Perry
Nature of Suit:	Consumer Credit
Cause of Action:	15 U.S.C. § 1692
Jury Demanded By:	Both

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Date Filed	Document Text
February 10, 2016	Filing 28 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendant Caine & Weiner Company, Inc.'s Motion to Dismiss Plaintiffs First Amended Complaint for Failure to State a Claim Upon Which Relief Can be Granted 13 is DENIED. Signed by District Judge Catherine D. Perry on February 10, 2016. (MCB)
January 6, 2016	Filing 17 MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that plaintiff's Motion to Stay Defendant's Motion to Dismiss [ECF # 15 ] is DENIED to the extent it requests that I stay my ruling on defendant's motion to dismiss the amend ed complaint. To the extent plaintiff requests additional time to respond to the motion to dismiss, the request is GRANTED. Plaintiff shall have to and including January 8, 2016, by which to respond to defendants Motion to Dismiss Plaintiffs First A mended Complaint for Failure to State a Claim Upon Which Relief Can be Granted. Given that plaintiff's First Amended Complaint is now the effective pleading before the Court, IT IS FURTHER ORDERED that defendant's Motion to Dismiss Plaint iff's Petition for Failure to State a Claim Upon Which Relief Can be Granted [ECF # 8 ], which is directed to plaintiff's original pleading in this cause, is DENIED AS MOOT. See Cartier v. Wells Fargo Bank, N.A., 547 Fed. Appx. 800, 803 (8th Cir. 2013) (an amended complaint supersedes an original complaint and renders theoriginal complaint without legal effect). Signed by District Judge Catherine D. Perry on 1/6/16. (EAB)

Date Filed

Document Text

February 10, 2016

Filing 28 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendant Caine & Weiner Company, Inc.'s Motion to Dismiss Plaintiffs First Amended Complaint for Failure to State a Claim Upon Which Relief Can be Granted 13 is DENIED. Signed by District Judge Catherine D. Perry on February 10, 2016. (MCB)

January 6, 2016

Filing 17 MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that plaintiff's Motion to Stay Defendant's Motion to Dismiss [ECF # 15 ] is DENIED to the extent it requests that I stay my ruling on defendant's motion to dismiss the amend ed complaint. To the extent plaintiff requests additional time to respond to the motion to dismiss, the request is GRANTED. Plaintiff shall have to and including January 8, 2016, by which to respond to defendants Motion to Dismiss Plaintiffs First A mended Complaint for Failure to State a Claim Upon Which Relief Can be Granted. Given that plaintiff's First Amended Complaint is now the effective pleading before the Court, IT IS FURTHER ORDERED that defendant's Motion to Dismiss Plaint iff's Petition for Failure to State a Claim Upon Which Relief Can be Granted [ECF # 8 ], which is directed to plaintiff's original pleading in this cause, is DENIED AS MOOT. See Cartier v. Wells Fargo Bank, N.A., 547 Fed. Appx. 800, 803 (8th Cir. 2013) (an amended complaint supersedes an original complaint and renders theoriginal complaint without legal effect). Signed by District Judge Catherine D. Perry on 1/6/16. (EAB)

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Plaintiff: Paulette Curtis
Represented By:	Richard A. Voytas, Jr.
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Defendant: Caine & Weiner Company, Inc.
Represented By:	Mayer S. Klein
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