Messinger v. Window World, Inc.

Filing 47

MEMORANDUM OPINION AND ORDER denying as moot 8 MOTION by Window World, Inc. to Dismiss Complaint Attached to 1 Notice of Removal. Signed by Judge Joseph R. Goodwin on 10/5/2018. (cc: counsel of record; any unrepresented party) (taq)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
ALVIN MESSINGER
Plaintiff,
v.

CIVIL ACTION NO. 2:18-cv-00912

WINDOW WORLD, INC.,
Defendant.

MEMORANDUM OPINION AND ORDER
Pending before the court is Defendant Window World, Inc.’s Motion to Dismiss
[ECF No. 8]. For the reasons stated below, the Motion is DENIED as moot.
On June 5, 2018, Defendant Window World, Inc. moved to dismiss the
plaintiff’s original Complaint [ECF No. 1-1]. On August 1, 2018, the court granted
the plaintiff’s Motion to Amend Complaint [ECF No. 26] and directed the Clerk to file
the Amended Complaint [ECF No. 26-1] as the operative pleading in the matter.
“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) (quoting In re Crysen/Montenay Energy Co., 226 F.3d 160, 162 (2d Cir.
2000)). When a plaintiff amends a complaint while a motion to dismiss is pending, a
court may deny the motion as moot. See Turner v. Kight, 192 F. Supp. 2d 391, 397
(D. Md. 2002) (denying as moot motion to dismiss original complaint because it was

superseded by the amended complaint); see also Sennott v. Adams, No. 6:13-cv02813-GRA, 2014 WL 2434745, at *3 (D.S.C. May 29, 2014) (“Thus, a defendant's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.”); Skibbe v. Accredited Home Lenders, Inc., No. 2:08-cv-01393, 2014 WL
2117088, at *3 (S.D. W. Va. May 21, 2014) (denying as moot defendants’ renewed
motion to dismiss where “[t]he Third Amended Complaint superseded the Amended
Complaint and the Second Amended Complaint”). Here, plaintiff’s amended pleading
superseded its original Complaint. Accordingly, Defendant’s Motion to Dismiss [ECF
No. 8] is DENIED as moot. The court DIRECTS the Clerk to send a copy of this
Memorandum Opinion and Order to counsel of record and any unrepresented party.
ENTER:

2

October 5, 2018