“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. 3:20-CV-005-RJC-DCK
ELIJAH McCLURE, )
)
Plaintiff, )
)
v. ) ORDER
)
CHARLOTTE-MECKLENBURG BOARD )
OF EDUCATION, )
)
Defendant. )
)
THIS MATTER IS BEFORE THE COURT on “Plaintiff’s Motion For Leave To
Amend Complaint” (Document No. 8) filed March 4, 2020. This motion has been referred to the
undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and immediate review is
appropriate. Having carefully considered the motion, the record, and applicable authority, the
undersigned will grant the motion to amend, and direct that the pending motion 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) (emphasis added). 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).
Under Rule 15, a “motion to amend should be denied only where it would be prejudicial,
there has been bad faith, or the amendment would be futile.” Nourison Rug Corporation v.
Parvizian, 535 F.3d 295, 298 (4th Cir. 2008) (citing HCMF Corp. v. Allen, 238 F.3d 273, 276-77
(4th Cir. 2001)); see also, Foman v. Davis, 371 U.S. 178, 182 (1962). However, “the grant or
denial of an opportunity to amend is within the discretion of the District Court.” Pittston Co. v.
U.S., 199 F.3d 694, 705 (4th Cir. 1999) (quoting Foman, 371 U.S. at 182).
DISCUSSION
Plaintiff seeks leave to amend his Complaint to add additional facts. (Document No. 8, p.
1). The undersigned notes that Plaintiff’s request is filed within twenty-one (21) days of
“Defendant’s Motion To Dismiss” (Document No. 6) which seeks dismissal pursuant to
Fed.R.Civ.P. 12(b)(1) and (6).
The undersigned is not persuaded there is evidence of prejudice, bad faith, or futility to
outweigh the interests of justice that favor granting leave to amend; therefore, the undersigned
will allow Plaintiff to file an Amended Complaint which supersedes the original Complaint.
Furthermore, the undersigned will direct that “Defendant’s Motion To Dismiss” (Document No.
6) be denied as moot.
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).
To the extent Defendant contends the Amended Complaint is deficient, this Order is
without prejudice to Defendant filing a renewed motion to dismiss the Amended Complaint, as
appropriate.
CONCLUSION
IT IS, THEREFORE, ORDERED that “Plaintiff's Motion For Leave To Amend
Complaint” (Document No. 8) is GRANTED. !
IT IS FURTHER ORDERED that “Defendant’s Motion To Dismiss” (Document No. 6)
is DENIED AS MOOT.
Signed: March 5, 2020
DCm
David C. Keesler ey
United States Magistrate Judge af
' The “Administrative Procedures Governing Filing and Service by Electronic Means,” revised January 1,
2018, at Part II, Section A, Paragraph 8, provide that: “If filing a document requires leave of the Court,
such as an amended complaint, the attorney shall attach the proposed document as an exhibit to the motion
according to the procedures in IV. If the Court grants the motion, the filer will be responsible for
electronically filing the document on the case docket.”