Fowler v. The City of Wilmington, et al.

Filing 26

ORDER denying as moot 12 Motion to Dismiss for Failure to State a Claim. Signed by Senior Judge W. Earl Britt on 2/22/2017. (Marsh, K)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:16-CV-296-BR

DENISE FOWLER,
Plaintiff,
v.
CITY OF WILMINGTON, et al.,
Defendants.

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ORDER

On 23 September 2016, defendants filed a motion to dismiss pursuant to Fed. R. Civ. P.
12(b)(6). (DE # 12.) On 13 December 2016, plaintiff filed an amended complaint. (DE # 17.)
On 23 December 2016, defendants filed a motion to dismiss the amended complaint pursuant to
Fed. R. Civ. P. 12(b)(6). (DE # 18.) The amended complaint supersedes the original complaint.
See Dykes v. Portfolio Recovery Assocs., LLC, 306 F.R.D. 529, 530 (E.D. Va. 2015) (“It is well
settled that an amended pleading supersedes the original, and motions directed at superseded
pleadings must be denied as moot.” (citations omitted)). Accordingly, defendants’ initial motion
to dismiss (DE # 12) is DENIED as moot. The court will address defendants’ subsequent motion
to dismiss by separate order.
This 22 February 2017.

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W. Earl Britt
Senior U.S. District Judge