Carter et al v. Shelby County School System et al

Filing 120

ORDER DENYING AS MOOT PLAINTIFFS' MOTIONS FOR PARTIAL SUMMARY JUDGMENT 62 64 . Signed by Chief Judge J. Daniel Breen on 9/2/15. (Breen, J.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
CLEO CARTER and NIKKI CARTER,
Individually and as best friend of their minor
Child, B.M.C.,
Plaintiffs,
v.

No. 14-2241

SHELBY COUNTY SCHOOL SYSTEM,
KASANDRA BERRY and CLANCY
PATTERSON,
Defendants.
_____________________________________________________________________________
ORDER DENYING AS MOOT PLAINTIFFS’ MOTIONS FOR PARTIAL SUMMARY
JUDGMENT
_____________________________________________________________________________
Before the Court are the May 7 and 17, 2015 motions of Plaintiffs, Cleo and Nikki
Carter, individually and on behalf of their minor son, B.M.C., for partial summary. (D.E. 62,
64.) On August 14, 2015, the Plaintiffs filed their amended complaint. “When a party files an
amended pleading, the amended pleading supersedes all those that came before.” Specialized
Pharmacy Servs., LLC v. Magnum Health & Rehab of Adrian, LLC, No. 12-12785, 2012 WL
6212707, at *1 (E.D. Mich. Dec. 13, 2012). An amended complaint renders the initial pleading a
nullity. Alsbrook v. Recontrust Co., N.A., No. 2:13-cv-02067-JPM-cgc, 2013 WL 1820049, *1
(W.D. Tenn. Apr. 30, 2013). The filing of an amended complaint renders a motion for summary
judgment irrelevant because “there is no longer a live dispute about the propriety or merit of the
claims asserted therein.” Law v. Stewart, No. 1:09-CV-503, 2010 WL 2998515, at *1 (W.D.
Mich. July 23, 2010) (quoting Glass v. The Kellogg Co., 252 F.R.D. 367, 368 (W.D. Mich.

2008)). Accordingly, the Plaintiffs’ motions for summary judgment, directed solely to the
original complaint, are DENIED as moot without prejudice to refiling.

IT IS SO ORDERED this 2nd day of September, 2015.

/s J. DANIEL BREEN
CHIEF UNITED STATES DISTRICT JUDGE

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