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)

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moot motions to dismiss original complaint on grounds that amended complaint superseded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

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Case 1:22-cv-00099-MOC-DCK Document 17 Filed 11/21/22 Page 1 of 1