DentalSense, LLC v. Hahn

Filing 21

ORDER denying administratively as moot 13 Motion to Dismiss ; granting 19 Motion for Leave to File. Signed by Magistrate Judge David S. Cayer on 10/28/16. (tob)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
Civil Action No. 3:16-CV-00594-RJC-DSC
DENTALSENSE, LLC, a North Carolina
limited liability company,
ORDER GRANTING CONSENT
MOTION TO AMEND COMPLAINT
AND MOOTING MOTION TO DISMSS

Plaintiff,
vs.
PHILIP L. HAHN, a North Carolina resident,
Defendant.

THIS MATTER IS BEFORE THE COURT on Plaintiff DentalSense, LLC’s “Consent
Motion For Leave to Amend the Complaint” (document #19) and Defendant’s “Motion to
Dismiss” (document #13).
For the reasons stated therein, and noting Defendant’s consent, the Court will grant the
Motion for Leave to Amend.
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motions directed at superseded pleadings are to be denied as moot.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original complaint on grounds that amended complaint superseded original complaint).
IT IS HEREBY ORDERED that:
1.

Plaintiff DentalSense, LLC’s “Consent Motion For Leave to Amend the

Complaint” (document #19) is GRANTED. Plaintiff shall filed its Amended Complaint within
five days of this Order.
2.

Defendant’s “Motion to Dismiss” (document #13) is DENIED administratively as

moot without prejudice.

3.

The Clerk is directed to send copies of this Order to the parties’ counsel; and to the

Honorable Robert J. Conrad, Jr.
SO ORDERED.
Signed: October 28, 2016

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