Currie v. The Phoenix Insurance Company et al

Filing 20

ORDER administratively denying as moot without prejudice 11 Motion to Dismiss. Signed by Magistrate Judge David S. Cayer on 8/14/2013. (blf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:13-CV-00366-MOC-DSC
ANDREW W. CURRIE,
Plaintiff,
v.
THE PHOENIX INSURANCE
COMPANY, et. al.,
Defendants.

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ORDER

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THIS MATTER is before the Court on Defendants’ “Motion to Dismiss” (document
#11) filed June 20, 2013; and Plaintiff’s “Amended Compliant” (document #19) filed August
14, 2013. 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 timely sought and received two extensions of his deadline to respond to the
Motion to Dismiss. See documents ## 13, 14, 16 and 17.
On August 13, 2013, Defendants filed a “Notice of Consent to Amend Complaint [and]
Amended Complaint” (document #18). Plaintiff filed his “Amended Complaint” (document
#19).
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motions directed at superseded pleadings are to be denied as moot.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dismiss original complaint on grounds that amended complaint superseded original complaint).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.

Defendants’ “Motion to Dismiss” (document #11) is administratively DENIED as

moot without prejudice.
2.

The Clerk is directed to send copies of this Order to counsel for the parties,

including but not limited to moving counsel; and to the Honorable Max O. Cogburn, Jr..
SO ORDERED.

Signed: August 14, 2013