Stephens et al v. State of North Carolina et al
Filing
85
ORDER administratively denying as moot without prejudice 15 Motion to Dismiss for Failure to State a Claim; administratively denying as moot without prejudice 31 Motion to Dismiss for Failure to State a Claim; administrat ively denying as moot without prejudice 41 Motion to Dismiss ; administratively denying as moot without prejudice 48 Motion to Dismiss for Lack of Jurisdiction; administratively denying as moot without prejudice 48 Motion to Dismiss ; admini stratively denying as moot without prejudice 48 Motion to Dismiss for Failure to State a Claim; administratively denying as moot without prejudice 51 Motion to Dismiss ; denying 56 Motion to Dismiss ; administratively denying as moot without prejudice 66 Motion to Dismiss ; administratively denying as moot without prejudice 71 Motion to Dismiss ; administratively denying as moot without prejudice 81 Motion to Dismiss for Lack of Jurisdiction. Signed by Magistrate Judge David S. Cayer on 5/10/18. (Pro se litigant served by US Mail.)(tob)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:18-CV-0072-RJC-DSC
BRIANNE STEPHENS, et. al.,
Plaintiffs,
v.
STATE OF NORTH CAROLINA, et. al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
ORDER
THIS MATTER is before the Court on Defendants’ respective “Motion[s] to Dismiss …”
(documents ##15, 31, 41, 48, 51, 56, 66, 71 and 81).
Rule 15 of the Federal Rules of Civil Procedure governs amendments to pleadings. Rule
15(a)(1) grants a party the right to “amend its pleading once as a matter of course,” if done within
twenty-one days after serving the pleading, Fed. R. Civ. P. 15(a)(1)(A), or “if the pleading is one
to which a responsive pleading is required,” a party may amend once as a matter of course,
provided that it does so within “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)(B).
The Rule further provides that leave to amend shall be freely given “when justice so requires.” Id.
Plaintiffs filed the Amended Complaint on May 8, 2018, which is within twenty-one days
of the filing of the State of North Carolina Defendants’ Motion to Dismiss (document #81).
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motions directed at superseded pleadings are to be denied as moot.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 THEREFORE ORDERED that Defendants’ “Motion[s] to Dismiss …”
(documents ##15, 31, 41, 48, 51, 56, 66, 71 and 81) are administratively DENIED as moot without
prejudice.
The Clerk is directed to send copies of this Order to counsel for the parties, including but
not limited to moving counsel; and to the Honorable Robert J. Conrad, Jr..
SO ORDERED.
Signed: May 10, 2018
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?