Bridgetree Holdings, Inc. et al v. Roselli et al

Filing 20

ORDER denying without prejudice and dismissing as moot 14 Motion to Dismiss Case as Frivolous; denying without prejudice and dismissing as moot 14 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge Frank D. Whitney on 9/30/14. (clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:14-CV-00448-FDW-DSC
BRIDGETREE HOLDINGS, INC., and
MARK BECK,
Plaintiffs,
vs.
DANIEL ROSELLI,
CUSTOMERSTREAM, INC., and JEFF
DEWALD,
Defendants.

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ORDER

THIS MATTER is before the Court on Defendant Daniel Roselli’s Motion to Dismiss Case
as Frivolous and Motion to Dismiss for Failure to State a Claim. (Doc. No. 14). For the reasons
stated below, Defendant’s Motions to Dismiss are DENIED.
On September 11, 2014, Defendant Roselli filed Motions to Dismiss Case as Frivolous and
for Failure to State a Claim. (Doc. No. 14). On September 29, 2014, Plaintiffs filed an Amended
Complaint. (Doc. No. 19). It is well-established that an amended complaint supersedes the
original pleading and renders moot any motions to dismiss made pursuant to the original pleading.
See Young v. City of Mount Ranier, 238 F.3d 567, 573 (4th Cir. 2001).
Therefore, Defendant Roselli’s Motion to Dismiss Case as Frivolous and Motion to
Dismiss for Failure to State a Claim filed pursuant to Plaintiff’s original complaint (Doc. No. 14)
are DENIED WITHOUT PREJUDICE and DISMISSED AS MOOT.
Additionally, the Court has been informed that there is a disagreement among the parties
as to whether joinder of the issues has occurred in light of the Amended Complaint. Accordingly,
the parties are directed to re-conduct the Rule 26(f) conference after answers and responses to the

Amended Complaint are filed.
IT IS SO ORDERED.
Signed: September 30, 2014