Those Certain Underwriters at Lloyd's, London Subscribing to Policy Certificate Number 466338 v. Diner et al

Filing 60

ORDER denying as moot 19 and 21 Motions for Judgment on the Pleadings. Signed by Magistrate Judge Dennis Howell on 12/02/15. (emw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:14cv280
THOSE CERTAIN UNDERWRITERS
AT LLOYD’S, LONDON
SUBSCRIBING TO POLICY
CERTIFICATE NUMBER 466338,
Plaintiff,

JEANNINE DINER, et al.,
Defendants.
_______________________________

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ORDER

Pending before the Court is the Motion for Leave to File Amended
Complaint [# 54]. Plaintiff moves for leave to amend its Complaint. All of the
Defendants other than Deerfields, Ltd. consent to the proposed amendment.
Defendant Deerfields, however, did not file a response to Plaintiff’s motion.
Upon a review of the pleadings, and pursuant to Rule 15 of the Federal Rules of
Civil Procedure, the Court GRANTS the motion [# 54]. Plaintiff shall have ten
(10) days from the entry of this Order to file the Amended Complaint. Because the
filing of an amended pleading supersedes the original pleading 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), the Court DENIES as moot the Motions for Judgment on the
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Pleadings [# 19 & # 21].
Signed: December 2, 2015

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