LW Construction of Charleston, LLC v. Southern Mechanical of the Carolinas, Inc. et al

Filing 25

ORDER denying as moot 9 Motion to Dismiss. Signed by Magistrate Judge Dennis Howell on 7/13/12. (ejb)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:12cv86 LW CONSTRUCTION OF CHARLESTON, LLC, ) ) ) Plaintiff, ) ) v. ) ) SOUTHERN MECHANICAL OF ) THE CAROLINAS, INC., CHAD ) COOKE, THE HANOVER ) INSURANCE COMPANY, ) ) Defendant. ) ___________________________________ ) ORDER Defendant The Hanover Insurance Company (“Defendant”) file a Motion to Dismiss the Complaint [# 9]. Subsequently, Plaintiff filed an Amended Complaint. The filing of an amended complaint supercedes the original complaint and renders it void of any legal function in the case. Young v. City of Mount Ranier, 238 F.3d 567, 572 (4th Cir. 2001). Accordingly, the Court DENIES as moot Defendant’s Motion to Dismiss [# 9]. Signed: July 13, 2012

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