New Jerusalem Rebirth & Restoration Ministries, Inc. v. Peerless Insurance Company et al

Filing 19

ORDER denying as moot 2 Motion to Dismiss; denying as moot 4 Motion to Dismiss; granting 18 Motion for Extension of Time to File Response/Reply re 18 MOTION for Extension of Time to File Response/Reply re: 9 MOTION to Remand to State Court and for Costs and Fees ( Replies due by 1/6/2012.). Signed by Magistrate Judge Dennis Howell on 12/28/11. (nll)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:11cv312 NEW JERUSALEM REBIRTH & RESTORATION MINISTRIES, INC., ) ) ) ) ) ) ) ) ) ) ) ) Plaintiffs, v. PAUL MEYER and PEERLESS INSURANCE COMPANY, Defendants. _______________________________ ORDER Defendants removed this case from state court and filed Motions to Dismiss. Within twenty-one days of the filing of the motions, Plaintiff filed an Amended Complaint. See Fed. R. Civ. P. 15. Because the filing of an Amended Complaint supercedes the prior Complaint, rendering it void of legal significance, the Court DENIES as moot the Motions to Dismiss [# 2 & # 4]. Finally, the Court GRANTS the Motion for Extension of Time [# 18]. Plaintiff shall have until January 6, 2012, to file its Reply in support of its Motion to Remand. Signed: December 28, 2011 -1-

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