Logan et al v. L-3 Communications Vertex Aerospace LLC et al

Filing 23

ORDER denying without prejudice as moot 6 Motion to Dismiss; terminating 12 Memorandum and Recommendations. Signed by Chief Judge Robert J. Conrad, Jr on 11/14/2011. (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:11-cv-158--RJC--DSC
HAYDN LOGAN and JON PAGH,

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Plaintiffs,
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v.
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L-3 COMMUNICATIONS VERTEX
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AEROSPACE LLC and JOHN DOES 1- )
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10 ,
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Defendants.

ORDER

THIS MATTER comes before the court on Defendant L-3 Communications
Vertex Aerospace LLC’s (“Defendant”) Motion to Dismiss Plaintiff Jon Pagh’s North
Carolina Wage and Hour Act Claim (“Partial Motion to Dismiss”), (Doc. No. 6). After
such motion was filed on April 29, 2011, Plaintiffs Haydn Logan and Jon Pagh filed their
Amended Complaint, (Doc. No. 19), on October 4, 2011. It is well-settled that a timely
filed amended complaint supersedes the original pleading, and that motions directed at
the original pleading are to be denied as moot. See Young v. City of Mount Ranier, 238
F. 3d 567, 573 (4th Cir. 2001) (“[t]he general rule . . . is that an amended pleading
supersedes the original pleading, rendering the original pleading of no effect”); Foreman
v. Camfil Farr, Inc., No. 3:10-cv-664, 2011 WL 4747921, at *1(W.D.N.C. October 7,
2011) (“Motions aimed at the superseded pleading are rendered moot.”); Colin v.
Marconi Commerce Sys. Employees' Retirement Plan, 335 F. Supp. 2d 590, 614
(M.D.N.C. 2004).

IT IS, THEREFORE, ORDERED that Defendant’s Partial Motion to Dismiss,
(Doc. No. 6), is DENIED without prejudice as moot.

Signed: November 14, 2011

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