UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
November 16, 2011
DELIVERMED HOLDINGS, LLC, LINDA DEETER AND WILLIAM R. DEETER ASSOCIATES, INC., PLAINTIFFS,
MICHAEL L SCHALTENBRAND, JOEY D. SIDDLE AND MEDICATE PHARMACY, INC., DEFENDANTS. MARK A SWIFT, PLAINTIFF,
MEDICATE PHARMACY, INC., AND MICHAEL SCHALTENBRAND, DEFENDANTS.
The opinion of the court was delivered by: J. Phil Gilbert District Judge
MEMORANDUM AND ORDER
This matter comes before the Court on the defendants' motion to strike certain prayers for relief in the First Amended Consolidated Complaint (Doc. 124) and motion to dismiss all claims against defendant Joey Siddle (Doc. 126). Since the defendants filed the motions, the plaintiff has filed the Second Amended Consolidated Complaint (Doc. 145). Because the motions are directed at the First Amended Consolidated Complaint, which is no longer the operative pleading in this case, Massey v. Helman, 196 F.3d 727, 735 (7th Cir. 1999), the Court DENIES as moot the motions to strike and to dismiss (Docs. 124 & 126).
IT IS SO ORDERED.
J. Phil Gilbert
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