CS Technology, Inc. et al v. Horizon River Technologies, LLC

Filing 88

ORDER administratively denying as moot without prejudice 72 Motion to Dismiss for Failure to State a Claim; granting 77 Motion to Amend/Correct. Counterclaim Plaintiff shall file its Amended and Supplemental Counterclaim within five days of this Order. Signed by Magistrate Judge David S. Cayer on 8/8/19. (tob)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:18-CV-00273-RJC-DSC
CS TECHNOLOGY INC. AND
SITEHANDS INC.,
Plaintiffs,
v.
HORIZON RIVER TECHNOLOGIES,
LLC,
Defendant.

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ORDER

THIS MATTER is before the Court on “Plaintiffs-Counterclaim Defendants’ Motion to
Dismiss Count V” (document #72), “[Defendant-]Counterclaim Plaintiff’s Second Motion for
Leave to Amend and Supplement Counterclaim” (document # 77) and the parties’ briefs and
exhibits.
The Fourth Circuit has held that leave to amend a pleading should be granted unless (1)
“the amendment would be prejudicial to the opposing party,” (2) “the moving party has acted in
bad faith,” or (3) “the amendment would be futile.” Equal Rights Ctr. v. Niles Bolton Assocs., 602
F.3d 597, 603 (4th Cir. 2010). Plaintiffs-Counterclaim Defendants oppose the Motion arguing that
Defendant-Counterclaim Plaintiff’s proposed amendment is prejudicial, futile and offered in bad
faith.
For the reasons stated in Counterclaim Plaintiff’s briefs, its “Second Motion for Leave to
Amend and Supplement Counterclaim” (document # 77) is GRANTED. Counterclaim Plaintiff
shall file its Amended and Supplemental Counterclaim within five days of this Order.

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motions directed at superseded pleadings are to be denied as moot.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original complaint on grounds that amended complaint superseded original complaint).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 FURTHER ORDERED that “Plaintiffs-Counterclaim Defendants’
Motion to Dismiss Count V” (document #72) is 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: August 8, 2019