Biltmore Avenue Condominium Association, Inc. v. Hanover American Insurance Company

Filing 9

ORDER denying as moot 4 Motion to Dismiss for Failure to State a Claim and 8 Motion for Extension of Time. Signed by Magistrate Judge Dennis Howell on 4/1/2015. (nv)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:15cv43
BILTMORE AVENUE
CONDOMINIUM ASSOCIATION,
INC.,

)
)
)
Plaintiff,
)
)
v.
)
)
HANOVER AMERICAN INSURANCE )
COMPANY,
)
)
Defendant.
)
___________________________________ )

ORDER

Pending before the Court is the Motion to Dismiss [# 4] and the Unopposed
Motion for Extension of Time [# 8]. Defendant moved to dismiss the Complaint.
On March 24, 2015, Plaintiff filed an Amended Complaint. 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). Accordingly, the Court DENIES as moot the Motion to Dismiss [# 4] and
Motion for Extension of Time [# 8]. Defendant may answer or otherwise respond
to the Amended Complaint within the time provided by Rule 15(a)(3) of the
Federal Rules of Civil Procedure.