Moates v. Liberty Mutual Insurance Company et al

Filing 29

ORDER granting 19 Motion for Leave to File Amended Complaint; denying as Moot 26 Motion to Dismiss. Signed by Magistrate Judge David S. Cayer on 08/08/2014. (jlk)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:13-CV-00382-RJC-DSC
MILDRED MOATES,
Plaintiff,
v.
LIBERTY MUTUAL GROUP INC. AND
LIBERTY MUTUAL INSURANCE
COMPANY,
Defendants.

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ORDER

THIS MATTER is before the Court on the Plaintiff’s “Motion for Leave to File Second
Amended Complaint,” Doc. 19, filed July 14, 2014 and the parties’ associated briefs and
exhibits, Docs. 34 and 35.

This matter was referred to the undersigned Magistrate Judge

pursuant to 28 U.S.C. § 636(b)(1) and the Motion is ripe for determination.
Rule 15 of the Federal Rules of Civil Procedure governs amendments to pleadings. Rule
15(a)(2) provides that leave to amend shall be freely given “when justice so requires.” Fed. R.
Civ. P. 15(a)(2). Absent a showing of undue delay, bad faith, futility, or prejudice to the
opposing party, a court should grant a party leave to amend. Foman v. Davis, 371 U.S. 178, 182
(1962); Equal Rights Center v. Niles Bolton Assocs., 602 F.3d 597, 603 (4th Cir. 2010); Laber v.
Harvey, 438 F.3d 404, 426–27 (4th Cir. 2006).
The Court has carefully examined the record, the parties’ arguments, and the applicable
authorities. For the reasons stated in Plaintiff’s briefs, her Motion for Leave to File Second

Amended Complaint is granted. Plaintiff shall file her Second Amended Complaint within seven
(7) days of this Order.
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motions directed at superseded pleadings are to be denied as moot.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dismiss original complaint on grounds that amended complaint superseded original complaint).
Consequently, “Defendant’s Motion to Dismiss Plaintiff’s Claim for Unfair and Deceptive Trade
Practices,” Doc. 26, which is directed at Plaintiff’s First Amended Complaint, is administratively
DENIED as moot without prejudice
IT IS HEREBY ORDERED that:
1.

Plaintiff’s “Motion for Leave to File Second Amended Complaint,” Doc. 19,
is GRANTED.

2.

“Defendant’s Motion to Dismiss Plaintiff’s Claim for Unfair and Deceptive
Trade Practices,” Doc. 26, is administratively DENIED as moot without
prejudice.

3.

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 Robert J.
Conrad, Jr.

SO ORDERED.
Signed: August 8, 2014