Williams v. Charlotte Mecklenburg Board of Education

Filing 18

ORDER denying as moot 8 Motion to Dismiss for Lack of Jurisdiction; denying as moot 8 Motion for Judgment on the Pleadings; granting 13 Motion to Amend/Correct. Signed by Magistrate Judge David S. Cayer on 4/22/2014. (blf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:13-CV-292-DSC
ELLIS LEON WILLIAMS,
Plaintiff,
v.
CHARLOTTE-MECKLENBURG
BOARD OF ELECTION,
Defendant.

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ORDER

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THIS MATTER is before the Court on “Defendant’s … Partial Motion to Dismiss and …
Motion for Judgment on the Pleadings” (document #8) and “Plaintiff’s Motion to Amend
Complaint” (document #13).
The parties have consented to Magistrate Judge jurisdiction under 28 U.S.C. § 636(c), and
these Motions are now ripe for the Court’s determination.
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).

Defendant does not oppose Plaintiff’s Motion to Amend. See “Defendant’s Reply …” at
2 (document #17).

For this and the other reasons stated, Plaintiff’s Motion to Amend will be

granted.
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motions directed at superseded pleadings are to be denied as moot.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original complaint on grounds that amended complaint superseded original complaint).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.

“Plaintiff’s Motion to Amend Complaint” (document #13) is GRANTED. Plaintiff

shall file his amended complaint within ten days of this Order.
2.

“Defendant’s … Partial Motion to Dismiss and … Motion for Judgment on the

Pleadings” (document #8) is DENIED as moot without prejudice.
3.

The parties are directed to submit an updated Certification and Report of F.R.C.P.

26(f) Conference Plan within fourteen days of the filing of Defendant’s answer.
4.

The Clerk is directed to send copies of this Order to the parties’ counsel.

SO ORDERED.
Signed: April 22, 2014