Baldwin v. Duke Energy Corporation

Filing 9

ORDER denying as moot without prejudice 4 Motion to Dismiss for Failure to State a Claim. Signed by Magistrate Judge David S. Cayer on 4/30/12. (com)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL CASE NO. 3:12CV212-MOC-DSC
ERNIE S. BALDWIN,
Plaintiff,
v.
DUKE ENERGY CORPORATION,
Defendant.
______________________________

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MEMORANDUM AND ORDER

THIS MATTER is before the Court on “Defendant’s Partial Motion to Dismiss,” Doc. 4,
and the accompanying Memorandum in Support, Doc. 5, filed April 10, 2012.
This matter was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. §
636(b)(1).
Rule 15 of the Federal Rules of Civil Procedure governs amendments to pleadings. Rule
15(a)(1) grants a party the right to “amend its pleading once as a matter of course,” if done within
twenty-one (21) days after serving the pleading, Fed. R. Civ. P. 15(a)(1)(A), or, “if the pleading is
one to which a responsive pleading is required,” a party may amend once as a matter of course,
provided that it does so within “21 days after service of a responsive pleading or 21 days after
service of a motion under Rule 12(b), (e), or (f), whichever is earlier.” Fed. R. Civ. P. 15(a)(1)(B).
The Rule further provides that “leave [to amend the pleadings] shall be freely given where justice
so requires.” Fed.R.Civ.P. 15(a).
Plaintiff filed an Amended Complaint on April 27, 2012, approximately seventeen (17) days
after receiving “Defendant’s Partial Motion to Dismiss,” Doc. 4. Therefore, he may amend his
pleading as a matter of course under Rule 15(a)(1).

It is well settled that an amended pleading supersedes the original pleading, and that motions
directed at superseded pleadings are to be denied as moot. Young v. City of Mount Ranier, 238 F.
3d 567, 573 (4th Cir. 2001) (amended pleading renders original pleading of no effect); 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complaint on grounds that amended complaint superseded original complaint).
IT IS HEREBY ORDERED that:
1. “Defendant’s Partial Motion to Dismiss,” Doc. 4, is administratively DENIED as moot
without prejudice.
2. The Clerk is directed to send copies of this Memorandum and Order to counsel for the
parties; and to the Honorable Max O. Cogburn, Jr.
SO ORDERED.

Signed: April 30, 2012