Opinion

Industrial Timber, LLC v. Jackson Furniture Industries, Inc.

Court
District Court, W.D. North Carolina
Filed
Sep 8, 2022
Cited by
0 cases
Authority
More cited than 24.9%

“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. 3:22-CV-229-KDB-DCK

INDUSTRIAL TIMBER, LLC, )

)

Plaintiff, )

)

v. ) ORDER

)

JACKSON FURNITURE INDUSTRIES, )

INC., )

)

Defendant. )

)

THIS MATTER IS BEFORE THE COURT on “Plaintiff’s Motion To Dismiss

Defendant’s Counterclaim” (Document No. 8) filed August 15, 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 and the record, the undersigned

will deny the motion as moot.

Plaintiff filed a “Notice Regarding Plaintiff’s Motion To Dismiss The Counterclaim”

(Document No. 13) on September 6, 2022. Plaintiff contends in the notice that its motion to

dismiss (Document No. 8) was rendered moot by the filing of “Defendant’s Amended

Counterclaim” (Document No. 10) on August 29, 2022. See (Document No. 13, p. 1). Defendant’s

counsel agrees with Plaintiff that Plaintiff’s motion to dismiss was rendered moot by the filing of

the amended counterclaim. Id.

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that motions directed at superseded pleadings may be denied as moot.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).

To the extent Plaintiff contends the Amended Counterclaim is deficient, this Order is

without prejudice to Plaintiff filing a renewed motion to dismiss the Amended Counterclaim, as

appropriate.

IT IS, THEREFORE, ORDERED that “Plaintiff's Motion To Dismiss Defendant’s

Counterclaim” (Document No. 8) is DENIED as moot.

SO ORDERED.

Signed: September 7, 2022

DCm

David C. Keesler ey

United States Magistrate Judge af

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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