Sechler et al v. U.S. Bank National Association, Trustee for Truman 2016 SC Title Trust

Filing 44

ORDER finding as moot 13 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Debra M. Brown on 11/17/22. (jla)

Case: 3:22-cv-00198-DMB-RP Doc #: 44 Filed: 11/17/22 1 of 1 PageID #: 341

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
CHRISTOPHER L. SECHLER
and SUSAN R. SECHLER

PLAINTIFFS

V.

NO. 3:22-CV-198-DMB-RP

U.S. BANK NATIONAL ASSOCIATION,
Trustee for Truman 2016 SC6 Title Trust

DEFENDANT

ORDER
On September 27, 2022, U.S. Bank National Association, as Trustee for Truman 2016 SC6
Title Trust, moved to dismiss Christopher L. Sechler and Susan R. Sechler’s complaint for failure
to state a claim. Doc. #13. With leave of the Court, 1 the Sechlers filed an amended complaint on
November 7, 2022. Doc. #40. On November 16, 2022, U.S. Bank moved to dismiss the amended
complaint. Doc. #42.
As a general rule, “[a]n amended complaint supersedes the original complaint and renders
it of no legal effect unless the amended complaint specifically refers to and adopts or incorporates
by reference the earlier pleading.” King v. Dogan, 31 F.3d 344, 346 (5th Cir. 1994). Because the
amended complaint here does not incorporate the earlier pleading and because U.S. Bank has
moved to dismiss the amended complaint, the motion to dismiss the original complaint [13] is
DENIED as moot.
SO ORDERED, this 17th day of November, 2022.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE

1

Doc. #39.