Brown v. Greystar Real Estate Partners, LLC et al

Filing 9

ORDER administratively denying 5 Motion to Dismiss Plaintiff's Complaint as moot without prejudice. Signed by Magistrate Judge David S. Cayer on 4/27/2021. (mek)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:20-CV-00698-RJC-DSC
SPENCER BROWN,

GREYSTAR REAL ESTATE PARTNERS
LLC, GREYSTAR MANAGEMENT
SERVICES L.P.,
MORGAN BOND CHARLOTTE LLC,
KIMBERLY UPTON AND STEPHANIE
HOVIS,

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Defendants.

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Plaintiff,
v.

ORDER

THIS MATTER is before the Court on Defendants’ “Motion to Dismiss Plaintiff’s
Complaint” (document #5) filed April 13, 2021, and Plaintiff’s “Amended Complaint”
(document #7) and “Response in Opposition to Partial Motion to Dismiss” (document #8) filed
April 27, 2021.
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.
Plaintiff filed his Amended Complaint as of right fourteen days after receipt of
Defendants’ Motion to Dismiss.
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motions directed at superseded pleadings are to be denied as moot.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dismiss original complaint on grounds that amended complaint superseded original complaint).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:
1. Defendants’ “Motion to Dismiss Plaintiff’s Complaint” (document #5) is
administratively DENIED as moot without prejudice.
2. The Clerk is directed to send copies of this Order to counsel for the parties and to the
Honorable Robert J. Conrad, Jr.
SO ORDERED.

Signed: April 27, 2021