Nelson v. Nationstar Mortgage LLC et al

Filing 20

ORDER denying as moot 3 Motion to Dismiss for Failure to State a Claim and 10 Motion to Dismiss for Failure to State a Claim. Signed by Senior Judge W. Earl Britt on 10/4/2016. (Marsh, K)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:16-CV-307-BR

SANDRA KAY NELSON,

)
)
Plaintiff,
)
)
v.
)
)
NATIONSTAR MORTGAGE LLC, et al., )
)
Defendants.
)

ORDER

On 25 August 2016, defendants Nationstar Mortgage LLC and U.S. Bank National
Association filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). (DE # 3.) On 31
August 2016, the other defendants, Grady I. Ingle and Elizabeth B. Ells, filed a motion to dismiss
pursuant to Rule 12(b)(6). (DE # 10.) On 19 September 2016, plaintiff filed an amended
complaint. (DE # 16.) 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an amended pleading supersedes the original, and motions directed at superseded pleadings must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’ motions to dismiss (DE ## 3,
10) are DENIED as moot.
This 4 October 2016.

__________________________________
W. Earl Britt
Senior U.S. District Judge