TD Bank, N.A. v. Mueller

Filing 11

ORDER denying as moot 7 Defendant's Motion to Dismiss without prejudice. Signed by Magistrate Judge David S. Cayer on 1/15/2014. (khm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO. 1:13-CV-00298-MR-DSC
TD BANK, N.A.,

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Plaintiff,
v.
MICHAEL E. MUELLER,
Defendant.

ORDER

THIS MATTER is before the Court on Defendant’s “Motion to Dismiss” (document
#7) filed January 7, 2014.

This matter was referred to the undersigned Magistrate Judge

pursuant to 28 U.S.C. § 636(b)(1).
Rule 15 of the Federal Rules of Civil Procedure governs amendments to pleadings. Rule
15(a)(1) grants a party the right to “amend its pleading once as a matter of course,” if done
within twenty-one (21) days after serving the pleading, Fed. R. Civ. P. 15(a)(1)(A), or, “if the
pleading is one to which a responsive pleading is required,” a party may amend once as a matter
of course, provided that it does so within “21 days after service of a responsive pleading or 21
days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.” Fed. R. Civ. P.
15(a)(1)(B). The Rule further provides that “leave [to amend the pleadings] shall be freely given
where justice so requires.” Fed.R.Civ.P. 15(a).
Plaintiff filed an Amended Complaint (document #10) on January 15, 2014,
approximately eight (8) days after receiving Defendant’s Motion to Dismiss. Therefore, it may
amend its pleading as a matter of course under Rule 15(a)(1)(B).

It is well settled that an amended pleading supersedes the original pleading, and that
motions directed at superseded pleadings are to be denied as moot. Young v. City of Mount
Ranier, 238 F. 3d 567, 573 (4th Cir. 2001) (amended pleading renders original pleading of no
effect); Turner v. Kight, 192 F. Supp. 2d 391, 397 (D. Md. 2002) (denying as moot motion to
dismiss original complaint on grounds that amended complaint superseded original complaint).
IT IS HEREBY ORDERED that:
1.

Defendant’s “Motion to Dismiss” (document #7) is administratively DENIED as

moot without prejudice.
2. The Clerk is directed to send copies of this Order to counsel for the parties, including
but not limited to moving counsel; and to the Honorable Martin Reidinger.
SO ORDERED.

Signed: January 15, 2014