Pongo et al v. Bank of America et al

Filing 37

ORDER denying administratively as moot 3 , 17 & 26 Motions to Dismiss; granting 27 Motion to Amend/Correct Complaint. Plaintiffs shall file their Amended Complaint within 15 days. Signed by Magistrate Judge David S. Cayer on 6/20/2014. (Pro se litigant served by US Mail.)(tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO: 3:14-CV-20-RJC-DSC
VERONIQUE K. PONGO, et. al.,
Plaintiffs,
v.
BANK OF AMERICA, et. al.,
Defendants.

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ORDER

THIS MATTER is before the Court on Defendants’ respective “Motion[s] to Dismiss”
(documents ##3, 17 and 26) and Plaintiffs’ “Motion for Leave to File An Amended Complaint”
(document #27).
This matter has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C.
§ 636(b)(1), 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) (emphasis added).

Plaintiffs filed their Motion on May 9, 2014, two days after

Defendant Eagle Adjustment Service, Inc. filed its Motion to Dismiss.

For that reason,

Plaintiffs’ “Motion for Leave to File An Amended Complaint” will be granted.
It is well settled that an amended pleading supersedes the original pleading, and that
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motions directed at superseded pleadings are to be denied as moot.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dismiss original complaint on grounds that amended complaint superseded original complaint).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.

Plaintiffs’ “Motion for Leave to File An Amended Complaint” (document #27) is

GRANTED. Plaintiffs shall file their amended complaint within fifteen days of this Order.
2.

Defendants’ respective “Motion[s] to Dismiss” (documents ##3, 17 and 26) are

DENIED administratively as moot without prejudice.
3.

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

defense counsel; and to the Honorable Robert J. Conrad, Jr.
SO ORDERED.

Signed: June 20, 2014

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