H. V. Industries, Inc. v. Fall Safe On Line Comercio de Produtos de Protec§o Pessoal Lda. of Portugal

Filing 21

ORDER denying as moot 8 Motion to Dismiss for Lack of Jurisdiction; denying 8 Motion to Dismiss ; denying 8 Motion to Dismiss for Failure to State a Claim; denying 8 Motion for More Definite Statement; granting 18 Motion for Leave to File to Amend their Complaint. Signed by Chief Judge Frank D. Whitney on 12/27/2016. (chh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:16-cv-00501-FDW-DCK
H.V. INDUSTRIES, INC.,
Plaintiff,
vs.
FALL SAFE ON LINE COMERCIO DE
PRODUTOS DE PROTECCO
PESSOAL LDA. OF PORTUGAL,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)

ORDER

THIS MATTER is before the Court on Defendant’s Motion to Dismiss Plaintiff’s
Complaint (Doc. No. 8), and Plaintiff’s Motion for Leave to File an Amended Complaint (Doc.
No. 18).
Leave to amend is freely granted unless certain circumstances, which are not present here,
are met. It is well-settled that a timely-filed amended pleading supersedes the original pleading,
and motions directed at superseded pleadings may be denied as moot. Young v. City of Mount
Ranier, 238 F.3d 567, 573 (4th Cir. 2001) ([t]he general rule is that an amended pleading
supersedes the original pleading, rendering the original pleading of no effect). Therefore, the Court
GRANTS Plaintiff’s Motion for Leave to Amend their Complaint (Doc. No. 18), and DENIES
Defendant’s Motion to Dismiss as MOOT (Doc. No. 8). This ruling is without prejudice to
Defendant’s ability to reassert any relevant arguments in response to Plaintiff’s amended pleading.
IT IS SO ORDERED.
Signed: December 27, 2016