Johnson v. J.P. Morgan Chase National Corporate Services, Inc.

Filing 14

ORDER administratively denying 6 Motion for Default Judgment; administratively denying 7 Motion to Dismiss for Failure to State a Claim; granting 12 Motion to Amend/Correct 1 Complaint. Plaintiff shall file his amended complaint within fifteen days of this Order. Signed by Magistrate Judge David S. Cayer on 4/21/2014. (Pro se litigant served by US Mail.)(eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:13-CV-00678-MOC-DSC
LEE S. JOHNSON,
Plaintiff,
v.
J.P. MORGAN CHASE NATIONAL
CORPORATE SERVICES, INC.,
Defendant.

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ORDER

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THIS MATTER is before the Court on the pro se Plaintiff’s “Motion for Default
Judgment” (document #6) and “Motion for Leave to File Amended Complaint…” (document #12),
and Defendant’s “Motion to Dismiss” (document #7). 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).

Defendant’s Motion to Dismiss is premised on its contention that Plaintiff has sued the
wrong entity. See Defendant’s “Memorandum in Support …” at 1-3 (document #8) (identifying
Chase Home Finance, LLC). In his Motion for Leave to Amend, Plaintiff states that his Amended
Complaint will name “additional Defendants.” Document #12 at 1.

Accordingly, Plaintiff’s

Motion for Leave to File Amended Complaint 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motions directed at superseded pleadings are to be denied as moot.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 for Leave to File Amended Complaint…” (document #12) is

GRANTED. Plaintiff shall file his amended complaint within fifteen days of this Order.
2.

Plaintiff’s “Motion for Default Judgment” (document #6) and Defendant’s

“Motion to Dismiss” (document #7) are administratively DENIED as moot without prejudice.
3.

The Clerk is directed to send copies of this Order to the pro se Plaintiff; to defense

counsel; and to the Honorable Max O. Cogburn, Jr..
SO ORDERED.

Signed: April 21, 2014