Opinion

Neeser v. MAC Acquisition LLC

Court
District Court, W.D. North Carolina
Filed
Jan 18, 2022
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. 3:20-CV-389-FDW-DCK

KRISTIN NEESER, )

)

Plaintiff, )

)

v. ) ORDER

)

MAC ACQUISITION LLC, SULLIVAN’S )

HOLDING LLC, d/b/a SULLIVAN’S )

STEAKHOUSE, and SULLIVAN’S OF )

NORTH CAROLINA, LLC, )

)

Defendants. )

)

THIS MATTER IS BEFORE THE COURT on “Plaintiff’s Unopposed Motion And

Supporting Memorandum Of Law For Leave To File Second Amended Complaint” (Document

No. 53) filed January 12, 2022. 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 motions to compel arbitration and transfer venue 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).

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

Defendants have consented in writing to Plaintiff filing a Second Amended Complaint.

(Document No. 53-2, p. 2). The undersigned will, therefore, allow Plaintiff to file a Second

Amended Complaint superseding the First Amended Complaint (Document No. 13). In addition,

the undersigned will direct that “Sullivan’s of North Carolina, LLC’s Motion To Compel

Arbitration And To Stay Matter” (Document No. 25), “Defendants’ Motion To Transfer Venue”

(Document No. 27), and “Defendants MAC Acquisition LLC’s And Sullivan’s Holding, LLC,

D/B/A Sullivan’s Steakhouse Motion To Compel Arbitration And To Stay Matter” (Document

No. 34) be denied as moot, without prejudice to Defendants re-filing similar motions if necessary

and appropriate.

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 F. App’x 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 “Plaintiff’s Unopposed Motion And Supporting

Memorandum Of Law For Leave To File Second Amended Complaint” (Document No. 53) is

GRANTED.1 Plaintiff shall file a Second Amended Complaint on or before January 25, 2022.

IT IS FURTHER ORDERED that “Sullivan’s of North Carolina, LLC’s Motion To

Compel Arbitration And To Stay Matter” (Document No. 25) is DENIED AS MOOT.

IT IS FURTHER ORDERED that “Defendants’ Motion To Transfer Venue” (Document

No. 27) is DENIED AS MOOT.

IT IS FURTHER ORDERED that “Defendants MAC Acquisition LLC’s And Sullivan’s

Holding, LLC, D/B/A Sullivan’s Steakhouse Motion To Compel Arbitration And To Stay Matter”

(Document No. 34) is DENIED AS MOOT.

IT IS FURTHER ORDERED that the STAY of this matter is LIFTED. The parties shall

file any proposed revisions to the case deadlines, jointly if possible, on or before January 28,

2022.

1 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.”

SO ORDERED.

Signed: January 18, 2022

David C. Keesler ce.

United States Magistrate Judge ee

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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