Carr v. Charlotte County Family Young Men's Christian Association, Incorporated
Filing
13
ORDER denying as moot 10 Defendant Charlotte County Family Young Men's Christian Association, Incorporated's Motion to Dismiss. Signed by Judge Sheri Polster Chappell on 3/30/2017. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CHERI CARR, an individual
Plaintiff,
v.
Case No: 2:17-cv-58-FtM-99CM
CHARLOTTE COUNTY FAMILY
YOUNG MEN’S CHRISTIAN
ASSOCIATION, INCORPORATED,
Defendant.
/
OPINION AND ORDER1
This matter comes before the Court on Defendant Charlotte County Family Young
Men's Christian Association, Incorporated's Motion to Dismiss (Doc. 10) filed on March
14, 2017. Plaintiff timely filed an Amended Complaint on March 28, 2017. (Doc. 11).
Rule 15(a) of the Federal Rules of Civil Procedure provides, in relevant part, that
"[a] party may amend its pleading once as a matter of course within: (A) 21 days after
serving it, or (B) if the pleading is one to which a responsive pleading is required, 21 days
after service of a responsive pleading or 21 days after service of a motion under Rule
12(b), (e), or (f), whichever is earlier." Fed. R. Civ. P. 15(a)(1). Upon satisfaction of one
of the above conditions, the plaintiff's right to amend once is absolute.
1
Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or
websites. These hyperlinks are provided only for users’ convenience. Users are
cautioned that hyperlinked documents in CM/ECF are subject to PACER fees. By
allowing hyperlinks to other websites, this Court does not endorse, recommend, approve,
or guarantee any third parties or the services or products they provide on their websites.
Likewise, the Court has no agreements with any of these third parties or their websites.
The Court accepts no responsibility for the availability or functionality of any hyperlink.
Thus, the fact that a hyperlink ceases to work or directs the user to some other site does
not affect the opinion of the Court.
In this case, Plaintiff filed the Amended Complaint within 21 days after service of
Defendant's motion under Rule 12(b)(6). Fed. R. Civ. P. 12(b)(6). Accordingly, Plaintiff's
amended pleading is properly before the Court. 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pleading supersedes the original, and motions directed at superseded pleadings must be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, "[a]n amended complaint supersedes an original complaint"
(citation omitted)).
Accordingly, it is now
ORDERED:
Defendant Charlotte County Family Young Men's Christian Association,
Incorporated's Motion to Dismiss (Doc. 10) is DENIED as moot.
DONE and ORDERED in Fort Myers, Florida this 29th day of March, 2017.
Copies: All Parties of Record
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?