Opinion

Duncan v. Isaacs

Court
District Court, W.D. North Carolina
Filed
Nov 30, 2021
Cited by
0 cases
Authority
More cited than 24.8%

“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

CASE NO. 3:21-CV-415-RJC-DCK

JAMES EDWARD DUNCAN III, )

)

Plaintiff, )

)

v. ) ORDER

)

CHARLOTTE MECKLENBURG )

POLICE DEPARTMENT, ERICK )

KELLY, and ANDREW ISAACS, )

)

Defendants. )

)

THIS MATTER IS BEFORE THE COURT on “Defendant City Of Charlotte’s Motion

To Dismiss” (Document No. 5); “Defendants Isaacs And Kelly’s Motion To Dismiss” (Document

No. 8); pro se Plaintiff’s “Motion For Entry Of Default” (Document No. 10). The motions to

dismiss have been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b),

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 and for entry

of default be denied as moot.

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).

Pro se Plaintiff timely field an “Amended Complaint” (Document No. 14) on November

12, 2021. Defendants then filed a “…Joint Motion To Dismiss” (Document No. 17) on November

26, 2021. The undersigned finds that the Amended Complaint supersedes the original Complaint.

As such, the original motions to dismiss and the motion for entry of default should 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).

IT IS, THEREFORE, ORDERED that “Defendant City Of Charlotte’s Motion To

Dismiss” (Document No. 5) is DENIED AS MOOT.

IT IS FURTHER ORDERED that “Defendants Isaacs And Kelly’s Motion To Dismiss”

(Document No. 8) is DENIED AS MOOT.

IT IS FURTHER ORDERED that Plaintiffs “Motion For Entry Of Default” (Document

No. 10) is DENIED AS MOOT

SO ORDERED. Signed: November 30, 2021

David C. Keesler es

United States Magistrate Judge wae

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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