C. et al v. Cooper et al

Filing 38

ORDER denying as moot 23 Defendant Gaston County's Motion to Dismiss ; denying as moot 26 Defendant Mecklenburg County's Motion to Dismiss for Failure to State a Claim; denying as moot 28 Defendant Mecklenburg County's Motion for a Preliminary Hearing. Signed by District Judge Frank D. Whitney on 11/25/24. (clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:24-CV-00783-FDW-DCK
STEVEN BOLCH, et al.,

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Plaintiffs,
v.
ROY COOPER, et al.,

Defendants.

ORDER

THIS MATTER is before the Court on Defendants Gaston County’s and Gaston County
Department of Social Services’s (“Gaston County”) Motion to Dismiss, (Doc. No. 23), and
Defendants Mecklenburg County’s and Mecklenburg County Department of Social ServicesYouth and Family Services’s (“Mecklenburg County”) Motion to Dismiss, (Doc. No. 26).
Defendants Mecklenburg County also filed a Motion for a Preliminary Hearing on their Motion to
Dismiss. (Doc. No. 28.)
On August 27, 2024, Plaintiffs filed their Class Action Complaint. (Doc. No. 1.) On
October 10, 2024, Defendants Gaston County filed their Motion to Dismiss and memorandum in
support. (Doc. Nos. 23–24.) Also on October 10, 2024, Defendants Mecklenburg County filed
their Motion to Dismiss, memorandum in support, and request for a hearing on the motion. (Doc.
Nos. 26–28.) On October 22, 2024, Plaintiffs filed a Consent Motion for Extension of Time to
respond to Gaston County’s and Mecklenburg County’s Motions to Dismiss. (Doc. No. 31.) On
October 23, 2024, Magistrate Judge Keesler granted Plaintiffs until November 22, 2024, to either

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respond to the motions or file an Amended Complaint. (Doc. No. 32.) On November 22, 2024,
Plaintiffs filed their Amended Complaint. (Doc. No. 37.)
“Upon the filing of an amended complaint, the original complaint is superseded, and
motions to dismiss the original complaint are rendered moot.” MB Realty Grp., Inc. v. Gaston Cty.
Bd. of Educ., No. 3:17-cv-00427-FDW-DCK, 2018 WL 3381427, at *2 (W.D.N.C. July 11, 2018);
see also Brown v. Sikora and Associates, Inc., 311 F. App’x 568, 572 (4th Cir. 2008). Since
Plaintiffs filed an Amended Complaint, the pending motions are rendered moot.
IT IS THEREFORE ORDERED that:
1. Defendants Gaston County’s Motion to Dismiss, (Doc. No. 23), is DENIED as moot;
2. Defendants Mecklenburg County’s Motion to Dismiss, (Doc. No. 26), is DENIED as
moot;
3. Defendants Mecklenburg County’s Motion for a Preliminary Hearing on their Motion
to Dismiss, (Doc. No. 28), is also DENIED as moot.
IT IS SO ORDERED.
Signed: November 25, 2024

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