Griffin et al v. Alamo et al

Filing 318

ORDER denying 108 Motion for Default Judgment. Signed by Honorable Susan O. Hickey on December 30, 2016. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
VANESSA GRIFFIN, et al.
v.

PLAINTIFFS
Civil No. 4:14-cv-4065

TONY ALAMO, et al.

DEFENDANTS
ORDER

Before the Court is Plaintiffs’ Motion for Default Judgment as to Armful of Help,
Gloryland Christian Church, Greg Seago and Twenty First Century Holiness Tabernacle Church
(hereinafter referred to as “Defendants”). (ECF No. 108). Separate Defendants Advantage Food
Groups, Inc.; Advantage Sales, LLC; Ron Decker; Don Wolf; Steve Lovellette; and Jeanne
Estates Apartments, Inc. have filed a response (hereinafter referred to as “Separate Defendants”).
(ECF No. 112). Plaintiffs have replied. (ECF No. 118). The Court finds this matter ripe for
consideration.
On June 5, 2015, Plaintiffs filed their Second Amended Complaint. (ECF No. 85).
Service was effected on Defendants Armful of Help, Gloryland Christian Church, Greg Seago
and Twenty First Century Holiness Tabernacle Church, Inc. on July 13, 2015. All of the
aforementioned Defendants have failed to answer, appear or otherwise defend against the Second
Amended Complaint. On August 24, 2015, Plaintiffs filed the instant Motion for Default
Judgment as to Defendants. Separate Defendants filed a response asking the Court to deny
Plaintiffs’ motion to avoid any improper prejudice to Separate Defendants during the
adjudication of the merits. In their reply, Plaintiffs agreed that default judgment should not be
entered and requested that the Court hold the Motion for Default Judgment in abeyance until the
non-defaulting defendants’ claims are resolved.

Before the Court ruled on the Motion for Default Judgment, Plaintiffs requested leave to
file a Third Amended Complaint to remove some claims and amend the facts surrounding the
existing claims to conform with discovery. (ECF No. 126). On December 21, 2015, the Court
granted Plaintiffs’ request for leave to file the Third Amended Complaint. (ECF No. 132).
Plaintiffs filed the Third Amended Complaint on December 30, 2015. (ECF No. 135).
Upon consideration, the Court finds that Plaintiffs’ motion should be denied. Plaintiffs’
Third Amended Complaint rendered the Second Amended Complaint a legal nullity. 6 Charles
Alan Wright et al., Federal Practice and Procedure § 1476 (2d ed. 1990) (“Once an amended
pleading is interposed, the original pleading no longer performs any function in the case.”); see
also Best W. Int’l, Inc. v. Melbourne Hotel Inv’rs, LLC, No. CV 06–2276–PHX–MHM, 2007
WL 2990132, at *1 (D. Ariz. Oct. 11, 2007) (denying as moot plaintiff's motion for default
judgment where amended complaint subsequently filed). Thus, the filing of the Third Amended
Complaint mooted Plaintiffs’ request for a default judgment as it is based upon the Second
Amended Complaint.
Accordingly, Plaintiffs’ Motion for Default Judgment as to Armful of Help, Gloryland
Christian Church, Greg Seago and Twenty First Century Holiness Tabernacle Church (ECF No.
108) is DENIED WITHOUT PREJUDICE. Plaintiffs may request default judgment based
upon the Third Amended Complaint in compliance with Rule 55 of the Federal Rules of Civil
Procedure at a later date.
IT IS SO ORDERED, this 30th day of December, 2016.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

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