Diamond Falls Estates, LLC et al v. Nantahala Bank & Trust Company et al
ORDER denying as moot 48 Motion to Dismiss for Failure to State a Claim. Signed by Magistrate Judge Dennis Howell on 12/29/2014. (klb)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
DIAMOND FALLS ESTATES, LLC,
SHIRLEY M. BUAFO, and CHARLES
NANTAHALA BANK & TRUST
COMPANY, et al.
Pending before the Court is the Motion to Dismiss [# 48]. Several
Defendants move to dismiss the Second Amended Complaint. On December 15,
2014, Plaintiffs filed a Third 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 [# 48].
Signed: December 29, 2014
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