Federal Insurance Company v. Omega Flex, Inc. et al

Filing 57

ORDER denying as moot 34 Motion to Dismiss for Failure to State a Claim. Signed by Magistrate Judge Dennis Howell on 04/28/2014. (thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13cv276
FEDERAL INSURANCE COMPANY,

)
)
Plaintiff,
)
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v.
)
)
OMEGA FLEX, INC., et al.,
)
)
)
Defendants.
)
___________________________________ )

ORDER

Pending before the Court is the Motion to Dismiss [# 34]. On April 18, 2014,
Plaintiff filed its Amended Complaint. The filing of an amended complaint
supersedes 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 the Motion to Dismiss [# 34].
.
Signed: April 28, 2014

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