TSC Inc v. Amerisure Mutual Insurance Company et al
Filing
25
ORDER finding as moot 13 Motion for Summary Judgment; finding as moot 22 Motion for Extension of Time. Signed by Honorable G Ross Anderson, Jr on 9/8/14.(alew, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
TSC, Inc.,
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)
Plaintiff,
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v.
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Amerisure Mutual Insurance Company, )
and Peerless Insurance Company,
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)
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Defendants. )
________________________________ )
C/A No.: 6:14-cv-02285-GRA
ORDER
(Written Opinion)
This matter comes before the Court on Defendant Peerless Insurance
Company’s (“Defendant”) Motion for Summary Judgment relative to the abovereferenced matter. In addition, TSC, Inc. (“Plaintiff”) has filed a Motion for a 30-Day
Extension of Certain Deadlines which, in part, requests additional time to respond to
the Defendant’s Motion for Summary Judgment. For the reasons stated herein, both
of these motions are DISMISSED as moot.
Defendant Peerless Insurance Company brought a Motion for Summary
Judgment pursuant to Rule 56(c) of the Federal Rules of Civil Procedure on August 8,
2014. ECF No. 13. On August 13, 2014, the Plaintiff sought, and was granted, a 14day Extension of Time to File Response/Reply to the Motion for Summary Judgment.
ECF No. 15. The Plaintiff then filed a Motion for Second Amended Scheduling Order
requesting “60 additional days to explore settlement of the Underlying Lawsuit and
this case before having to respond to the deadlines under the current Amended
Scheduling Order, the next of which is Plaintiff’s response to Defendant Peerless’
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Motion for Summary Judgment, which is due Monday, September 8, 2014.” ECF No.
20. This Court denied the Motion on September 3, 2014. ECF No. 21. The Plaintiff
thereafter filed a Motion for 30-Day Extension of Certain Deadlines. ECF No. 22.
This motion was pending before the Court on September 5, 2014, when Plaintiff filed
a Stipulation of Dismissal of Defendant Peerless Insurance Company Without
Prejudice. ECF No. 23.
The Stipulation of Dismissal renders moot the Defendant’s Motion for
Summary Judgment and the Plaintiff’s Motion for 30-Day Extension of Certain
Deadlines. See, e.g., Young v. City of Mount Ranier, 238 F.3d 567, 573 (4th Cir.
2001) (“The general rule…is that an amended pleading supersedes the original
pleading, rendering the original pleading of no effect.”); Hall v. Int’l Union, United
Auto., Aerospace & Agric. Implement Workers of Am., UAW, No. 3:10-cv-418-RJCDSC, 2011 WL 4014315, at *1 (W.D.N.C. June 21, 2011) (explaining that an
“[a]mended complaint renders the defendants’ pending motions to dismiss that are
related to the superseded complaint as moot.”); Colin v. Marconi Commerce Sys.
Employees’ Retirement Plan, 335 F.Supp.2d 590, 614 (M.D.N.C. 2004) (“Defendants’
earlier motion for summary judgment as to one count of first amended complaint
rendered moot by filing of plaintiff’s second amended complaint.”). Accordingly, due
to the Stipulation of Dismissal that was filed on September 5, 2014, these two
motions are now moot.
IT IS THEREFORE ORDERED that Defendant’s Motion for Summary
Judgment and Plaintiff’s Motion for 30-Day Extension of Certain Deadlines are
DISMISSED as MOOT.
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IT IS SO ORDERED.
September 8 , 2014
Anderson, South Carolina
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