Albright v. Charlotte-Mecklenburg Board of Education et al

Filing 15

ORDER denying 10 Motion to Dismiss for Failure to State a Claim and the Request for Preliminary Hearing (Doc. No. 11) as moo. Signed by Chief Judge Frank D. Whitney on 10/19/17. (clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:17-cv-00461-FDW-DSC
INEZ ANNETTE ALBRIGHT,

)
)
Plaintiff,
)
)
vs.
)
)
CHARLOTTE-MECKLENBURG BOARD )
OF
EDUCATION,
ERIC
WARD, )
CHAUNEL JOHNSON, AND AVERY )
MITCHELL
)
)
Defendants.
)
)

ORDER

THIS MATTER is before the Court on Defendants’ Motion to Dismiss Plaintiff’s
Amended Complaint for Failure to State a Claim (Doc. No. 10) and Request for Preliminary
Hearing on the Motion (Doc. No. 11). After Defendants’ filed the Motion, Plaintiff filed a Second
Amended Complaint (Doc. No. 14) after obtaining leave of the Court (Doc. No. 13). It is wellsettled 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at superseded pleadings may be denied as moot.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). Therefore, the Court DENIES Defendants’ Motion to Dismiss Plaintiff’s
Amended Complaint for Failure to State a Claim (Doc. No. 10) and the Request for Preliminary
Hearing (Doc. No. 11) as moot. This ruling is without prejudice to Defendants’ ability to reassert
any relevant arguments in response to Plaintiff's second amended complaint.
IT IS SO ORDERED.
Signed: October 19, 2017