Opinion

Lewis v. Randolph Square IP, LLC

Court
District Court, W.D. North Carolina
Filed
Jul 10, 2019
Cited by
0 cases
Authority
More cited than 24.7%

“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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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