Cruise v. Smith & Nephew, Inc

Filing 10

ORDER administratively denying as moot without prejudice #7 Motion to Dismiss. Signed by Magistrate Judge David S. Cayer on 11/17/2021. (mek) (Main Document 10 replaced on 11/17/2021) (mek).

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO. 3:21-CV-00512-RJC-DSC KELLY CRUISE, Plaintiff, v. SMITH & NEPHEW INC., Defendant. ) ) ) ) ) ) ) ) ) ORDER THIS MATTER is before the Court on Defendant’s “Motion to Dismiss …” (document #7) filed November 4, 2021, and Plaintiff’s “Amended Complaint” (document #8) filed November 16, 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 her Amended Complaint as of right twelve days after receipt of Defendant’s 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 It is well settled that an amended pleading supersedes the original pleading, and that motions directed at superseded pleadings are to be denied as moot.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Supp. 2d 391, 397 (D. Md. 2002) (denying as moot motion to dismiss original complaint on grounds that amended complaint superseded original complaint).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. Defendant’s “Motion to Dismiss …” (document #7) 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: November 17, 2021

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