International Union, United Mine Workers of America et al v. Consol et al Energy, Inc.

Filing 66

MEMORANDUM OPINION AND ORDER DENYING as moot Consol Energy Inc.'s 13 MOTION to Dismiss the original complaint for reasons set forth herein. Signed by Senior Judge David A. Faber on 9/11/2017. (cc: attys) (mk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
INTERNATIONAL UNION,
UNITED MINE WORKERS OF
AMERICA, et al.,
Plaintiffs,
v.

CIVIL ACTION NO. 1:16-12506

CONSOL ENERGY, INC.,
Defendant.
MEMORANDUM OPINION AND ORDER
Pending before this court is defendant Consol Energy Inc.’s
motion to dismiss the original complaint, filed on January 20,
2017.

(ECF No. 13).

amended complaint.

On January 24, 2017, plaintiffs filed an

(ECF No. 16).

“As a general rule, an amended pleading ordinarily
supersedes the original and renders it of no legal effect.”
Young v. City of Mt. Ranier, 238 F.3d 567, 572 (4th Cir. 2001).
“It is well settled that a timely-filed amended pleading
supersedes the original pleading, and that motions directed at
superseded pleadings may be denied as moot.”

Catlin Specialty

Ins. Co. v. Jafrum International, Inc., Civil Action No. 3:14-CV607-RJC-DCK, 2015 WL 10434683, *3 (W.D.N.C. Sept. 14, 2015)
(recommending that district court deny as moot motion for
judgment on the pleadings where leave to file amended complaint
had been granted and amended complaint superseded earlier
complaint); see also Sennott v. Adams, C/A No. 6:13-cv-02813-GRA,

2014 WL 2434745, *3 (D.S.C. May 29, 2014) (“Thus, a defendant’s
previous motion to dismiss is rendered moot when a plaintiff
files an amended complaint.”).

Accordingly, the motion to

dismiss is DENIED as moot.
The Clerk is directed to send copies of this Memorandum
Opinion and Order to all counsel of record.
IT IS SO ORDERED this 11th day of September, 2017.
ENTER:
David A. Faber
Senior United States District Judge

2