Free Spirit Publishing Inc. v. Dworsky
- Wilhelmina Wright
- 0:21-cv-00938
- U.S. District Court · District of Minnesota
- 2
In Free Spirit Publishing v. Dworsky, Judge Wright denied defendants’ pleadings motion without prejudice as moot after an amended complaint replaced the original.
Free Spirit Publishing Inc., David Dworsky, and Kanilen Dworsky; the defendants’ motion was denied without prejudice as moot, and the scheduled hearing was canceled.
What happened
Free Spirit Publishing Inc. sued David Dworsky and Kanilen Dworsky for breach of contract, unjust enrichment, conversion, and declaratory judgment.
While the defendants’ request for judgment based on the pleadings was pending, Free Spirit filed an amended complaint adding allegations and a reformation claim. The court explained that an amended complaint replaces the original and generally makes a pending motion to dismiss—or an equivalent pleadings motion—moot.
The court denied the defendants’ motion without prejudice as moot and canceled the scheduled hearing. Judge Wilhelmina M. Wright issued the order.
The detailed version
- Free Spirit Publishing Inc. v. Dworsky · No. 0:21-cv-00938
- Wilhelmina Wright
- Sept. 28, 2021
Background
Free Spirit Publishing Inc. brought claims against David Dworsky and Kanilen Dworsky for breach of contract, unjust enrichment, conversion, and declaratory judgment. The defendants filed a motion for judgment on the pleadings, which asks the court to rule based on the pleadings already filed.
While that motion was pending, Magistrate Judge Hildy Bowbeer granted Free Spirit’s request to amend its complaint. Free Spirit then filed an amended complaint containing additional factual allegations and a new claim for reformation.
Court’s reasoning
The court explained that an amended complaint replaces the original complaint and removes the original complaint’s legal effect. A pending motion to dismiss therefore generally becomes moot when the plaintiff files an amended complaint. The court also noted that a motion for judgment on the pleadings is evaluated under the same standard as a motion to dismiss. Because Free Spirit filed an amended complaint while the defendants’ motion was pending, the motion became moot. The court did not decide the underlying claims.
Disposition
The court ordered that the defendants’ motion for judgment on the pleadings, Docket 12, is DENIED WITHOUT PREJUDICE as moot. The court also canceled the October 19, 2021 hearing on the motion. Judge Wilhelmina M. Wright signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.