Ario Minerals LLC et al v. Diversified Production LLC et al
MEMORANDUM OPINION AND ORDER The court DENIES as moot the 7 MOTION by Diversified Production LLC, Diversified Gas & Oil Corporation and Diversified Energy Company PLC to Dismiss Plaintiffs' Complaint. Defendants' 24 MOTION to Dismiss th e Amended Complaint remains pending. The court GRANTS the parties' 29 JOINT MOTION for Stay. The parties are DIRECTED to file a joint status report no later than 1/10/2024, to update the court on the parties' settlement efforts. Signed by Senior Judge David A. Faber on 11/14/2023. (cc: counsel of record) (arb)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
ARLO MINERALS, et al.,
CIVIL ACTION No. 1:23-00522
DIVERSIFIED PRODUCTION LLC, et al.,
MEMORANDUM OPINION AND ORDER
Pending before the court is defendants’ motion to dismiss
plaintiffs’ complaint, filed on August 11, 2023.
(ECF No. 7).
Rather than filing an opposition to the motion to dismiss, plaintiffs
filed an amended complaint.
“As a general rule, an amended pleading
ordinarily supersedes the original and renders it of no legal
Young v. City of Mt. Ranier, 238 F.3d 567, 572 (4th Cir.
“Thus, a defendant’s previous motion to dismiss is rendered
moot when a plaintiff files an amended complaint.”
Sennott v. Adams,
C/A No. 6:13-cv-02813-GRA, 2014 WL 2434745, *3 (D.S.C. May 29, 2014)
(declining to consider defendants’ motion to dismiss as applicable
to amended complaint “[d]ue to complexity of this case, and because
Plaintiff’s amendments seek to remedy the defects raised in
Defendants’ Motion to Dismiss”).
Accordingly, the motion to dismiss
the original complaint is DENIED as moot.*
Defendants’ motion to dismiss the amended complaint, filed
on September 15, 2023, remains pending.
Also pending is the parties’ joint motion for a stay.
In that motion, the parties requested a stay of proceedings
in order to allow them to attempt to resolve the matter without court
For good cause shown, the motion to stay is GRANTED
and, on October 10, 2023, the court continued the deadlines in the
scheduling order generally in order to accommodate the parties’
The parties are hereby DIRECTED to file a
joint status report with the court no later than January 10, 2024,
to update the court on the parties’ efforts.
The Clerk is directed to send copies of this Memorandum Opinion
and Order to all counsel of record.
IT IS SO ORDERED this 14th day of November, 2023.
David A. Faber
Senior United States District Judge
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