Tanyi v. Appalachian State University et al

Filing 28

ORDER administratively denying as moot 16 Motion to Dismiss; granting 24 Motion to Amend/Correct Complaint. Plaintiff shall file his Second Amended Complaint within ten days of this Order. Signed by Magistrate Judge David S. Cayer on 2/20/2015. (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:14-CV-170-RLV-DSC
LANSTON TANYI,
Plaintiff,
v.
APPALACHIAN STATE UNIVERSITY,
et al.,
Defendants.

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ORDER

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THIS MATTER is before the Court on “Defendants’ Motion to Dismiss” (document
#16) and Plaintiff’s “Motion to Amend Complaint” (document #25), as well as the parties’ briefs
and exhibits relating to the Motion to Dismiss. See documents ##24-1, 25, and 26.
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 (21) 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 the pleadings] shall be freely given
where justice so requires.” Fed.R.Civ.P. 15(a).
For the reasons stated in his “Memorandum in Support …” (document #25), Plaintiff’s
Motion to Amend is granted.

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motions directed at superseded pleadings are to be denied as moot.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dismiss original complaint on grounds that amended complaint superseded original complaint).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 HEREBY ORDERED that:
1.

Plaintiff’s “Motion to Amend Complaint” (document #25) is GRANTED.

Plaintiff shall file his Second Amended Complaint within ten days of this Order.
2.

“Defendants’ Motion to Dismiss” (document #16) is administratively DENIED as

moot without prejudice.
3.

The Clerk is directed to send copies of this Order to counsel for the parties; and to

the Honorable Richard L. Voorhees.
SO ORDERED.
Signed: February 20, 2015