Matthews v. Hyatt Corporation

Filing 55

ORDER granting 54 Unopposed Motion for Leave to File Second Amended Complaint and to Stay all Proceedings Pending Outcome of Voluntary Mediation. Plaintiffs shall file their Second Amended Complaint on or before May 21, 20 18. The parties shall file a Status Report or Notice Of Settlement, following their mediation, but no later than July 26, 2018. If this matter is not settled, Defendant shall file an Answer, or otherwise respond to the Second Amended Complaint, on or before August 3, 2018. IT IS FURTHER ORDERED that Defendants Motion To Dismiss Count II Of Plaintiffs First Amended Complaint (Document No. 35 ) is DENIED AS MOOT. Signed by Magistrate Judge David Keesler on 5/17/18. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:17-CV-413-RJC-DCK
CARLA MATTHEWS,
and all similarly situated individuals,
Plaintiffs,
v.
HYATT CORPORATION,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Defendant’s Motion To Dismiss Count
II Of Plaintiff’s First Amended Complaint” (Document No. 35) and “Plaintiffs’ Unopposed
Motion For Leave To File Second Amended Complaint And To Stay All Proceedings Pending
Outcome Of Voluntary Mediation” (Document No. 54). These motions have been referred to the
undersigned Magistrate Judge pursuant to 28 U.S.C. §636(b), and immediate review is appropriate.
Having carefully considered the arguments, the record, and the applicable authority, the
undersigned will direct that the motion to dismiss be denied as moot and that the motion to amend
be granted.
BACKGROUND
Plaintiff Carla Matthews (“Plaintiff” or “Matthews”) initiated this action on behalf of
herself and all others similarly situated with the filing of a “Collective And Class Action Complaint
With Jury Demand” (Document No. 1) on July 14, 2017. The Complaint asserts claims against
Defendant Hyatt Corporation (“Defendant” or “Hyatt”) for: (1) violation of the Fair Labor
Standards Act, 29 U.S.C. § 201, et seq. – failure to pay overtime; (2) breach of contract; and (3)

violation of the North Carolina Wage and Hour Act, N.C.Gen.Stat. §§ 95-25.1, et seq. (Document
No. 1).
“Defendant’s Motion To Dismiss Count II Of Plaintiff’s Complaint” (Document No. 24)
was filed on September 15, 2017. Plaintiff Matthews then filed the “First Amended Collective
And Class Action Complaint With Jury Demand” (Document No. 29) (the “Amended Complaint”)
on October 6, 2017. The Amended Complaint asserts the same claims as the original Complaint.
(Document No. 29).
Now pending before the Court is “Defendant’s Motion To Dismiss Count II Of Plaintiff’s
First Amended Complaint” (Document No. 35), filed on October 25, 2017. In addition, Plaintiff
Matthews filed another motion to amend – “Plaintiffs’ Unopposed Motion For Leave To File
Second Amended Complaint And To Stay All Proceedings Pending Outcome Of Voluntary
Mediation” (Document No. 54) on May 17, 2018.
STANDARD OF REVIEW
Federal Rule of Civil Procedure 15 applies to the amendment of pleadings and allows a
party to amend once as a matter of course within 21 days after serving, or “if the pleading is one
to which a responsive pleading is required, 21 days after service of a responsive pleading or 21
days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.” Fed.R.Civ.P.
15(a)(1). Rule 15 further provides:
(2) Other Amendments. In all other cases, a party may amend its
pleading only with the opposing party's written consent or the court's
leave. The court should freely give leave when justice so requires.
Fed.R.Civ.P. 15(a)(2).

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DISCUSSION
By the motion to amend, Plaintiffs report that the parties have agreed to voluntarily mediate
this case on July 19, 2018; and that Defendant does not oppose the filing of a Second Amended
Complaint, but requests additional time to respond to the Second Amended Complaint. (Document
No. 54, p.2). Noting the parties’ agreement, the undersigned will allow the motion to amend and
allow Defendant additional time to file a response. However, further extensions of the deadlines
in this case are unlikely to be allowed.
Plaintiff’s Second Amended Complaint will supersede the First Amended Complaint;
therefore, the undersigned will direct that “Defendant’s Motion To Dismiss Count II Of Plaintiff’s
First Amended Complaint” (Document No. 35) be denied as moot. Defendant may file a renewed
motion to dismiss the Second Amended Complaint, if appropriate.
It is well settled that a timely-filed amended pleading supersedes the original pleading, and
that motions directed at superseded pleadings may be denied as moot. Young v. City of Mount
Ranier, 238 F.3d 567, 573 (4th Cir. 2001) (“The general rule ... is that an amended pleading
supersedes the original pleading, rendering the original pleading of no effect.”); see also, Fawzy
v. Wauquiez Boats SNC, 873 F.3d 451, 455 (4th Cir. 2017) (“Because a properly filed amended
complaint supersedes the original one and becomes the operative complaint in the case, it renders
the original complaint ‘of no effect.’”); Colin v. Marconi Commerce Systems Employees’
Retirement Plan, 335 F.Supp.2d 590, 614 (M.D.N.C. 2004) (“Earlier motions made by Defendants
were filed prior to and have been rendered moot by Plaintiffs’ filing of the Second Amended
Complaint”); Brown v. Sikora and Associates, Inc., 311 Fed.Appx. 568, 572 (4th Cir. Apr. 16,
2008); and Atlantic Skanska, Inc. v. City of Charlotte, 3:07-CV-266-FDW, 2007 WL 3224985 at
*4 (W.D.N.C. Oct. 30, 2007).

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CONCLUSION
IT IS, THEREFORE, ORDERED that “Plaintiffs’ Unopposed Motion For Leave To File
Second Amended Complaint And To Stay All Proceedings Pending Outcome Of Voluntary
Mediation” (Document No. 54) is GRANTED. Plaintiffs shall file their Second Amended
Complaint on or before May 21, 2018.1
IT IS FURTHER ORDERED that the parties shall file a Status Report or Notice Of
Settlement, following their mediation, but no later than July 26, 2018. If this matter is not settled,
Defendant shall file an Answer, or otherwise respond to the Second Amended Complaint, on or
before August 3, 2018.
IT IS FURTHER ORDERED that “Defendant’s Motion To Dismiss Count II Of
Plaintiff’s First Amended Complaint” (Document No. 35) is DENIED AS MOOT.
SO ORDERED.
Signed: May 17, 2018

The “Administrative Procedures Governing Filing and Service by Electronic Means,” revised January 1,
2018, at Part II, Section A, Paragraph 8, provide that: “If filing a document requires leave of the Court,
such as an amended complaint, the attorney shall attach the proposed document as an exhibit to the motion
according to the procedures in IV. If the Court grants the motion, the filer will be responsible for
electronically filing the document on the case docket.”
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