Opinion

Evans v. Charlotte-Mecklenburg Board of Education

Court
District Court, W.D. North Carolina
Filed
Dec 13, 2022
Cited by
0 cases
Authority
More cited than 24.9%

“The general rule ... is that an amended pleading supersedes the original pleading, rendering the original pleading of no effect.”

How later courts described this case

  • “The general rule ... is that an amended pleading supersedes the original pleading, rendering the original pleading of no effect.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NORTH CAROLINA

CHARLOTTE DIVISION

DOCKET NO. 3:22-cv-00257-MOC-DCK

SERENA EVANS, )

)

Plaintiff, )

)

Vs. ) ORDER

)

CHARLOTTE-MECKLENBURG )

BOARD OF EDUCATION, )

)

Defendant. )

THIS MATTER is before the Court on Plaintiff's Motion to Strike certain affirmative

defenses from Defendant’s Answer to Complaint. (Doc. No. 20). Defendant filed an Amended

Answer to Plaintiff's Complaint on November 9, 2022. (Doc. No. 27). Because Defendant’s

Amended Answer excludes the affirmative defenses Plaintiff sought to strike, the pending

Motion to Strike the original Answer is moot. See 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.”).

IT IS THEREFORE ORDERED that:

(1) Plaintiff's Motion to Strike, (Doc. No. 20), is DENIED as moot.

Signed: December 13, 2022

evrnna

Max O. Cogburn i )

United States District Judge Tote t

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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