Melaine Alsbrook v. Recontrust Company, N.A. et al

Filing 14

ORDER finding as moot 6 Motion to Dismiss for Failure to State a Claim; granting 13 Motion to Amend/Correct. Signed by Chief Judge Jon Phipps McCalla on 04/30/2013. (McCalla, Jon)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

MELANIE ALSBROOK,
Plaintiff,
v.
RECONTRUST COMPANY, N.A., and
BANK OF AMERICA CORPORATION,
Defendants.

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2:13-cv-02067-JPM-cgc

ORDER GRANTING PLAINTIFF’S MOTION TO AMEND
AND
ORDER DENYING AS MOOT DEFENDANT’S MOTION TO DISMISS

Before the Court is Plaintiff’s Motion to Amend First
Amended Complaint, filed April 25, 2013.
Plaintiff’s Motion is unopposed.

(ECF No. 13.)

(See ECF No. 13-4 at 1.)

Pursuant to Federal Rule of Civil Procedure 15, the Court hereby
GRANTS Plaintiff’s Motion to Amend.

Plaintiff is DIRECTED to

submit and docket separately her Second Amended Complaint.
This Court has held that an amended complaint supersedes
the original complaint, “render[ing] the initial pleading a
nullity.”

Carbon Processing & Reclamation, LLC v. Valero Mktg.

& Supply Co., No. 09-2127-STA-cgc, 2009 WL 2369298, at *3 (W.D.
Tenn. July 30, 2009).

Additionally, “[c]ourts in this Circuit

and others will deny motions to dismiss a complaint as moot
after a plaintiff subsequently files an amended complaint.”

Id.

at *3 & n.12.

Defendants’ Motion to Dismiss pursuant to Federal

Rule of Civil Procedure 12(b)(6), was filed February 20, 2013.
(ECF No. 6.)

Plaintiff filed her First Amended Complaint on

January 9, 2013 (see ECF No. 1-4) and her Second Amended
Complaint on April 25, 2013 (see ECF No. 13-1).

Defendants’

Motion to Dismiss was filed in response to Plaintiff’s First
Amended Complaint.

(See ECF No. 6-1.)

Plaintiff has included

additional facts, contracts, and a new cause of action for
breach of contract in her Second Amended Complaint.
No. 13-2; ECF No. 13 at 2.)

(See ECF

Therefore, Defendants’ Motion to

Dismiss is DENIED AS MOOT.
SO ORDERED this 30th day of April, 2013.

s/ Jon P. McCalla________
JON P. McCALLA
CHIEF U.S. DISTRICT JUDGE

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