“Earlier motions made by Defendants were filed prior to and have been rendered moot by Plaintiffs’ filing of the Second Amended Complaint”
How later courts described this case
- “Earlier motions made by Defendants were filed prior to and have been rendered moot by Plaintiffs’ filing of the Second Amended Complaint”
- “The general rule ... is that an amended pleading supersedes the original pleading, rendering the original pleading of no effect.”
- “Because a properly filed amended complaint supersedes the original one and becomes the operative complaint in the case, it renders the original complaint ‘of no effect.’”
Written by the judges who cited it.
The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:19-CV-113-KDB-DCK
STEVEN LEWIS, )
)
Plaintiff, )
)
v. ) ORDER
)
RANDOLPH SQUARE IP, LLC, RSIP )
MANAGEMENT, LLC, RSIP CAPITAL )
SERIES 1-C, LLC, BRUCE H. MATSON )
RSIP CAPITAL SERIES 1-D, LLC, )
ROBERT SMITH, RSIP CAPITAL SERIES )
1-E, LLC, RSIP CAPITAL SERIES 1-F, LLC, )
and THEODORE B. LUSE II, )
)
Defendants. )
)
THIS MATTER IS BEFORE THE COURT on Defendants’ “Motion To Dismiss For
Lack Of Personal Jurisdiction” (Document No. 8); Motion To Dismiss For Lack Of Subject Matter
Jurisdiction” (Document No. 13); and “Motion To Dismiss For Failure to State A Claim”
(Document No. 15) filed May 30, 2019. These motions were referred to the undersigned
Magistrate Judge on June 14, 2019, and immediate review is appropriate. Having carefully
considered the motions, the record, and applicable authority, the undersigned will direct that the
pending motions to dismiss be denied as moot.
STANDARD OF REVIEW
Federal Rule of Civil Procedure 15 applies to the amendment of pleadings and allows a
party to amend once as a matter of course within 21 days after serving, or “if the pleading is one
to which a responsive pleading is required, 21 days after service of a responsive pleading or 21
days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.” Fed.R.Civ.P.
15(a)(1). Rule 15 further provides:
(2) Other Amendments. In all other cases, a party may amend its
pleading only with the opposing party’s written consent or the
court's leave. The court should freely give leave when justice so
requires.
Fed.R.Civ.P. 15(a)(2).
DISCUSSION
On June 5, 2019, the Honorable Graham C. Mullen allowed Plaintiff additional time, up to
and including June 28, 2019, to file responses to Defendants’ pending motions. (Document No.
18). Plaintiff then timely filed an “Amended Complaint” (Document No. 21) on June 28, 2019.
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. Young v. City of Mount
Ranier, 238 F.3d 567, 573 (4th Cir. 2001) (“The general rule ... is that an amended pleading
supersedes the original pleading, rendering the original pleading of no effect.”); see also, Fawzy
v. Wauquiez Boats SNC, 873 F.3d 451, 455 (4th Cir. 2017) (“Because a properly filed amended
complaint supersedes the original one and becomes the operative complaint in the case, it renders
the original complaint ‘of no effect.’”); Colin v. Marconi Commerce Systems Employees’
Retirement Plan, 335 F.Supp.2d 590, 614 (M.D.N.C. 2004) (“Earlier motions made by Defendants
were filed prior to and have been rendered moot by Plaintiffs’ filing of the Second Amended
Complaint”); Brown v. Sikora and Associates, Inc., 311 Fed.Appx. 568, 572 (4th Cir. Apr. 16,
2008); and Atlantic Skanska, Inc. v. City of Charlotte, 3:07-CV-266-FDW, 2007 WL 3224985 at
*4 (W.D.N.C. Oct. 30, 2007).
CONCLUSION
IT IS, THEREFORE, ORDERED that Defendants’ “Motion To Dismiss For Lack Of
Personal Jurisdiction” (Document No. 8); Motion To Dismiss For Lack Of Subject Matter
Jurisdiction” (Document No. 13); and “Motion To Dismiss For Failure to State A Claim”
(Document No. 15) are DENIED AS MOOT.
SO ORDERED.
Signed: July 10, 2019
| cnt
David C. Keesler Tw
United States Magistrate Judge et