Branks v. Anderson Automotive Group, LLC

Filing 17

ORDER denying as moot 8 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Max O. Cogburn, Jr on 11/18/2022. (ams)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:22-cv-99-MOC-DCK SPARROW S. BRANKS, ) ) Plaintiff, ) ) vs. ) ) ANDERSON AUTOMOTIVE ) GROUP, LLC, ) ) Defendant. ) ___________________________________ ) ORDER THIS MATTER comes before the Court on a Motion to Dismiss Plaintiff’s Complaint, filed by Defendant. (Doc. No. 8). Plaintiff filed an Amended Complaint on August 11, 2022. (Doc. No. 13). Because Plaintiff has filed an Amended Complaint, the pending motion to dismiss the original Complaint is moot. See Young v. City of Mount Ranier, 238 F.3d 567, 573 (4th Cir. 2001) (“The general rule ... is that an amended pleading supersedes the original pleading, rendering the original pleading of no effect.”); Turner v. Kight, 192 F. Supp. 2d 391, 397 (D. Md. 2002) (denying as moot motions to dismiss original complaint on grounds that amended complaint superseded original complaint). IT IS THEREFORE ORDERED that: (1) Defendant’s Motion to Dismiss, (Doc. No. 8), is DENIED as moot. Signed: November 18, 2022 1 Case 1:22-cv-00099-MOC-DCK Document 17 Filed 11/21/22 Page 1 of 1

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