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)

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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v. 2015 WL 224758, 15, 2015); Gulf Coast Recycling, No. renders 193 supersedes earlier motion pleading that has been superseded.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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