Speichert v. Regions Bank, Inc.

Filing 21

ORDER denying without prejudice 12 Defendant Regions Bank's Motion to Stay or, Alternatively, Dismiss the Complaint. Signed by Judge Sheri Polster Chappell on 1/12/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MICHAEL SPEICHERT,
Plaintiff,
v.

Case No: 2:16-cv-758-FtM-99CM

REGIONS BANK, INC.,
Defendant.
/
ORDER1
This matter comes before the Court on Defendant Regions Bank’s Motion to Stay
or, alternatively, to Dismiss the Complaint (Doc. #12) filed on December 9, 2016. With
the Court’s leave, Plaintiff filed an Amended Complaint on January 6, 2017. (Doc. #20).
Federal Rule of Civil Procedure 15 allows a party to amend its pleading once as a
matter of course within 21 days after service of a motion under Rule 12(b). Fed. R. Civ.
P. 15(a)(1). And, it is well settled that an amended pleading supersedes the original, and
motions directed at superseded pleadings must be denied as moot. See Malowney v.
Fed. Collection Deposit Grp., 193 F.3d 1342, 1345 n.1 (11th Cir. 1999) (noting that “[a]n
amended complaint supersedes an original complaint” (citation omitted)).

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Here, Plaintiff timely filed the Amended Complaint in response to Defendant’s
motion. Consequently, his amended pleading is properly before the Court and renders
Defendant’s motion moot.
Accordingly, it is now
ORDERED:
Defendant Regions Bank’s Motion to Stay or, Alternatively, Dismiss the Complaint
(Doc. #12) is DENIED without prejudice.
DONE and ORDERED in Fort Myers, Florida this 11th day of January, 2016.

Copies: All Parties of Record

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