Burrows v. Charlotte-Mecklenburg Board of Education
Filing
15
ORDER denying without prejudice (12} Motion to Dismiss as it has been rendered Moot by the filing of the plaintiff's second Amended Complaint. Signed by District Judge Max O. Cogburn, Jr on 8/17/2017. (chh)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:17-cv-00317-MOC-DCK
THOMASINA BURROWS,
Plaintiff,
v.
CHARLOTTE-MECKLENBURG BOARD OF
EDUCATION
MARION BISH
CHAUNEL JOHNSON,
Defendants.
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ORDER
THIS MATTER is before the court on the defendants’ Motion to Dismiss (#12).
Subsequent to the filing of this Motion, the plaintiff has filed a Second Amended Complaint
(#14). While beyond the limitations on unilateral amendments that will moot motions to dismiss
under Rule 15(a)(1), the defendants’ Motion to Dismiss is rendered moot by the filing of this
Second Amended Complaint inasmuch as plaintiff obtained defendants’ consent under Rule
15(a)(2).
ORDER
IT IS, THEREFORE, ORDERED that the defendants’ Motion to Dismiss (#12) is
DENIED without prejudice as it has been rendered MOOT by the filing of the plaintiff’s
Second Amended Complaint (#14).
Signed: August 17, 2017
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