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S.D.N.Y.Procedural orderFiled May 31, 2024

Hub Group, Inc. v. SPL Group, Inc.

Judge
John Koeltl
Docket
1:23-cv-08728
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureMotion to Dismiss
In one sentence

In Hub Group v. SPL Group, Judge Stein denied as moot Hub Group’s motions challenging SPL Group’s superseded pleading.

Who this affects

Hub Group, Inc. and SPL Group, Inc.; the ruling ended the court’s consideration of Hub Group’s two motions directed at SPL Group’s superseded pleading.

What happened

Hub Group, Inc. v. SPL Group, Inc. involved two motions by Hub Group concerning SPL Group’s January 16, 2024 answer and counterclaim. Hub Group asked for a more definite statement and sought to strike six defenses.

SPL Group later filed a timely amended answer and counterclaim on May 6, 2024. Because that amended filing replaced the earlier pleading, the court determined that Hub Group’s motions no longer concerned an operative filing and therefore were moot.

Judge Gary Stein denied both motions as moot and directed the Clerk of Court to close the motions at Docket Numbers 30 and 31.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Hub Group, Inc. v. SPL Group, Inc. · No. 1:23-cv-08728
Judge
John Koeltl
Date
May 31, 2024

Background

Hub Group filed two motions on April 8, 2024. One requested a more definite statement, meaning a clearer or more specific pleading. The other sought to strike six of SPL Group’s affirmative defenses, which are defenses asserted in response to the claims. The motions addressed SPL Group’s January 16, 2024 answer and counterclaim.

Reasoning

SPL Group filed a timely amended answer and counterclaim on May 6, 2024. Hub Group then filed an answer and a motion to strike SPL Group’s fourth affirmative defense on May 28, 2024. The court explained that an amended pleading replaces the original pleading, so SPL Group’s January 16 pleading was no longer operative. As a result, Hub Group’s April 8 motions no longer presented a live issue.

Ruling

The court denied Hub Group’s motions for a more definite statement and to strike six affirmative defenses as moot. It directed the Clerk of Court to close the open motions at Docket Numbers 30 and 31.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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