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pleading that has been superseded.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
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