Eyetalk365, LLC v. CPI Security Systems, Inc.

Filing 29

ORDER denying as moot 21 Motion for Judgment on the Pleadings. Signed by Magistrate Judge David S. Cayer on 2/23/2015. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:14-CV-00526-FDW-DSC
EYETALK365, LLC,
Plaintiff,
v.
CPI SECURITY SYSTEMS, INC.,
Defendant.

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ORDER
THIS MATTER is before the Court on Defendant’s “Motion for Judgment on the
Pleadings” (document #21) filed January 26, 2015, Plaintiff’s “Motion for Leave to File
Amended Complaint” (document #23) filed January 28, 2015, and the parties’ associated briefs
and exhibits.
This matter was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. §
636, and these Motions are now ripe for consideration.
For the reasons stated in its Motion and supporting briefs, the Court grants Plaintiff leave
to file its Amended Complaint.

Plaintiff shall file its Amended Complaint within ten 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motions directed at superseded pleadings are to be denied as moot.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dismiss original complaint on grounds that amended complaint superseded original complaint).
Accordingly, Defendant’s “Motion for Judgment on the Pleadings” (document #21) is
administratively DENIED as moot without prejudice.
The Clerk is directed to send copies of this Order to counsel of record; and to the
Honorable Frank D. Whitney.
SO ORDERED.

Signed: February 23, 2015