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Faught v. Whirlpool Corp.

IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION


November 15, 2006

AMY FAUGHT, INDIVIDUALLY AND ON BEHALF OF A CLASS OF ALL PERSONS SIMILARLY SITUATED, PLAINTIFF,
v.
WHIRLPOOL CORP., AND LOWE'S HOME CENTERS, INC., DEFENDANTS.

The opinion of the court was delivered by: Richard Mills, U.S. District Judge

OPINION

On October 30, 2006, the Court granted leave to the Plaintiff to file a second amended complaint. The Plaintiff filed her second amended complaint on the same date. Prior to October 30, 2006, the Defendants filed various motions to dismiss or motions to strike which were directed at the Plaintiff's first amended complaint or at pleadings which were related to the first amended complaint. Because the Plaintiff's second amended complaint is now the operative complaint before the Court, the motions filed by the Defendants which were directed at the first amended complaint are now moot.

Ergo, all pending motions [d/e 20, 22, 30 & 32] are DENIED AS MOOT. Consistent with the Federal Rules of Civil Procedure, the Defendants may file an answer or otherwise plead to the second amended complaint.

Richard Mills United States District Judge

20061115

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