Foster v. Fisher et al

Filing 23

ORDER denying as moot without prejudice 15 Motion to Dismiss for Failure to State a Claim and 18 Motion to Dismiss for Failure to State a Claim. Signed by Magistrate Judge David S. Cayer on 1/22/2015. (nv)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO. 1:14-CV-00292-MR-DSC
JENNIFER NICOLE FOSTER,
Plaintiff,
v.
AMANDA FISHER, et al.,
Defendants.

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ORDER

THIS MATTER is before the Court on “Jack Van Duncan’s Motion to Dismiss for
Failure to State a Claim…” (document #15) filed December 31, 2014 and the “Motion to
Dismiss on behalf of Defendant Fisher” (document #18) filed January 9, 2015. These Motions
were 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 her First Amended Complaint (document #22) on January 21, 2015.
Therefore, she may amend her 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motions directed at superseded pleadings are to be denied as moot.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dismiss original complaint on grounds that amended complaint superseded original complaint).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.

“Jack Van Duncan’s Motion to Dismiss for Failure to State a Claim…”

(document #15) is administratively DENIED as moot without prejudice.
2.

The “Motion to Dismiss on behalf of Defendant Fisher” (document #18) is

administratively DENIED as moot without prejudice.
3.

The Clerk is directed to send copies of this Order to the pro se Plaintiff, counsel

for Defendants; and to the Honorable Martin Reidinger.
SO ORDERED.
Signed: January 22, 2015