Byrd v. Eckerd Corporation

Filing 15

ORDER administratively denying as moot 4 Motion to Dismiss for Failure to State a Claim, granting 12 Motion to Amend. Signed by Magistrate Judge David S. Cayer on 5/16/16. (tob) Modified on 5/16/2016 (tob).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:16-CV-00030-FDW-DSC
SUSAN BYRD,
Plaintiff,
v.
ECKERD CORPORATION,
Defendant.

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THIS MATTER is before the Court on the “Plaintiff’s Motion to Amend Complaint”
(document # 12) filed April 21, 2016. In its response, Defendant consents to the amendment as it
relates to Plaintiff’s federal claims but disputes whether the proposed amendment will establish
subject matter jurisdiction over Plaintiff’s state law claim.
After conferring with the chambers of the Honorable Frank D. Whitney, it is hereby
ORDERED that the Motion is GRANTED.
It is well settled that an amended pleading supersedes the original pleading, and 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directed at superseded pleadings are to be denied as moot.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complaint on grounds that amended complaint superseded original complaint).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, the
Court orders that Defendant’s “Motion to Dismiss Plaintiff’s Complaint” (document #4) be
administratively DENIED as moot without prejudice to Defendant’s right to file a motion to
dismiss the amended complaint.

Plaintiff shall file her Amended Complaint within ten days of this Order.
The Clerk is directed to send copies of this Order to counsel of record; and to the Honorable
Frank D. Whitney.
SO ORDERED.
Signed: May 16, 2016