Hall et al v. International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, UAW et al

Filing 56

ORDER denying as moot 13 Motion for Class Certification and Appointment of Class Counsel. Signed by Chief Judge Robert J. Conrad, Jr on 9/21/2011. (tmg)

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:10-cv-418-RJC-DSC
CHARLES R. HALL, JR., et al.,
Plaintiffs,
v.
INTERNATIONAL UNION, UNITED
AUTOMOBILE, AEROSPACE AND
AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, UAW;
and UAW LOCAL UNION 5285,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

ORDER

THIS MATTER comes before the Court on the plaintiffs’ Motion for Class Certification
and Appointment of Class Counsel, (Doc. No. 13). Subsequently, the Magistrate Judge granted the
plaintiffs’ Motion to Amend Complaint, (Doc. No. 44), and plaintiffs filed a Second Amended
Complaint, (Doc. No. 45).
It is well-settled that a timely filed amended pleading supersedes the original pleading, and
that motions directed at superseded pleadings are to be denied as moot. See Young v. City of Mount
Ranier, 238 F.3d 567, 573 (4th Cir. 2001) (amended pleading renders original pleading of no effect);
Colin v. Marconi Commerce Sys. Employees’ Retirement Plan, 335 F. Supp. 2d 590, 614 (M.D.N.C.
2004) (defendants’ earlier motion for summary judgment as to one count appearing in first amended
complaint rendered moot by filing of plaintiff’s second amended complaint); 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grounds that amended complaint superseded original complaint). Thus, the filing of the plaintiffs’
Second Amended Complaint renders their pending Motion for Class Certification and Appointment

of Class Counsel, (Doc. No. 13), which is related to the superseded complaint, moot.
IT IS, THEREFORE, ORDERED that plaintiffs’ Motion for Class Certification and
Appointment of Class Counsel, (Doc. No. 13), is DENIED as moot.

Signed: September 21, 2011

2