Garner v. Ross et al

Filing 18

ORDER denying as moot 9 Motion to Dismiss. Defendants shall fourteen (14) days to renew their partial motion to dismiss. The Clerk is directed to terminated Terry Ross in his Individual Capacity as a Defendant in this matter. Signed by Judge J. Randal Hall on 05/13/2015. (thb)

IN THE

UNITED

STATES

DISTRICT

SOUTHERN DISTRICT OF

COURT

FOR THE

GEORGIA

BRUNSWICK DIVISION

LAWANDA GARNER,

*

Plaintiff,

*
*

v.

TERRY ROSS,

*

in his Official

CAMDEN

COUNTY

BOARD

214-166

*

Capacity as Chief of Camden
County Board of Assessors, and
THE

CV

*
*

OF

*

COMMISSIONERS,

*
*

Defendants.

*

ORDER

This

matter

is

now

before

Court

Motion to Dismiss.

(Doc.

Defendants'

Motion to Dismiss,

filed

her

Amended

Partial

First

paragraphs

capacity,
which

Plaintiff

on

Plaintiff

filed

Ross

and

her

set

the

basis

her

EEOC

(PL's Resp.,
the

of

Defendant

First Amended Complaint.

(Doc.

facts
race

Charge

adverse

which

have

Doc. 10, at 8.)
Board of

has

of

and

her

The

First

Ross

(1)

in

added

his

three

treatment
occurred

Complaint

in

of

since

this

Subsequently, Defendant

Commissioners

(Docs. 13, 14.)

Lawanda Garner

revisions:

Terry

Plaintiff

Partial

in response to

11.)

two

against

(2)

forth

Defendants'

Plaintiff

essentially

claims

and

on

On March 5, 2015,

Complaint.

"contains

dismisses

individual

action."

Amended

Complaint

Plaintiff

9.)

the

each answered the

The

First

Amended

Complaint.

Malowney v.

1342,

n.l

1345

(11th

a

general

replaces

the

Fed.
Cir.

Bottle Blowers Ass'n,

("As

Complaint

674

rule,

Varnes

F.2d 1365,

1370

First Amended Complaint

Dismiss

or

because

adopts

that

the

l:14-CV-2274-TWT,

14,

8:07-CV-2143-T-30 TBM,

2008)

following

(concluding

the

filing

of the

Glass

1982)

seeks

motion

the

to

Partial

dismiss

a

Credit Mgmt.,

at *2

to

and

pleading.").

(N.D. Ga. Jan.

Inc. v. Johnson Controls,

the

F.3d

amendment

moot

2008 WL 434880, at *1

that

91,

the

See Brown v.

2015 WL 224758,

15, 2015); Gulf Coast Recycling,
No.

renders

193

supersedes

earlier

motion

pleading that has been superseded.
LP, No.

original

(11th Cir.

unless

Further,

to

n.6

complaint

refers

Motion

Local

complaint

specifically
the

v.

amended

original

the

Collection Deposit Grp.,
1999);

an

to

supersedes

Inc.,

(M.D. Fla.

dismiss

amended complaint

was

because

Feb.

moot

" [a] n

amended complaint completely supersedes the original complaint,
and once a complaint
Court

are

complaint");

the

ones

Renal

is amended,
raised

in

Treatment

the only issues before the
the

text

of

the

Ctrs.-Mid-Atlantic,
6:08-CV-87,

amended

Inc.

v.

Franklin Chevrolet-Cadillac-Pontiac-GMC,

No.

2009 WL

995564, at *1 (S.D. Ga. Apr. 13, 2009)

(noting that a pleading

superseded by an amended complaint was "entirely irrelevant,"
and therefore concluding that the motion to dismiss the original

pleading was moot) .

Accordingly, the Court DENIES AS MOOT the

pending motion for partial dismissal.
2

(Doc. 9.)

Defendants

shall

partial motion to

have

dismiss

FOURTEEN

if

the First Amended Complaint,
are

barred

continues
claims"

by

to

(Doc.

the

DAYS

they wish to

standing

statute

to

of

bring

to

renew

re-assert,

that "some of

applicable

"lack[]

(14)

based on

[Plaintiff's]
limitations"

some

of

her

their

claims
and

she

asserted

10 at 1).

The Court further DIRECTS the Clerk to TERMINATE Terry Ross

in

his

Individual

Plaintiff's

First

Capacity
Amended

as

a

Defendant

Complaint

no

in

this

longer

matter,

pursues

as

relief

against him in this capacity.

ORDER ENTERED at Augusta, Georgia, this

/S^ day of May,

2015.

HONORABLE J.

RAN0AL HALL

UNITED/STATES DISTRICT JUDGE
URN DISTRICT

OF GEORGIA