Opinion

Peoples v. South Charlotte Chevrolet

Court
District Court, W.D. North Carolina
Filed
Apr 7, 2023
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. 3:23-CV-049-RJC-DCK

DONOVAN PEOPLES, )

)

Plaintiff, )

)

v. ) ORDER

)

SOUTH CHARLOTTE CHEVROLET, GM )

FINANCIAL, EXPERIAN, SMITH )

DEBNAM NARRON DRAKE SAINTSING & )

MYERS LLP, and PREMIER TOW & )

RECOVERY, )

)

Defendants. )

)

THIS MATTER IS BEFORE THE COURT on the pending motions (Document Nos.

13, 18, 21, and 25). This matter 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

motions, the record, and applicable authority, the undersigned will direct that the pending motions

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).

DISCUSSION

Pro se Plaintiff filed an “Amended Claim For Relief” (Document No. 28) on April 3, 2023,

which the Court construes as Plaintiff’s “Amended Complaint.” The Amended Complaint was

filed within twenty-one (21) days of the filing of “Experian Information Solutions, Inc.’s Motion

To Dismiss Plaintiff’s Complaint” (Document No. 18) and the “Motion To Dismiss Of Defendant

General Motors Financial Company, Inc.” (Document No. 25). Pursuant to Rule 15(a)(1), and in

the interests of judicial economy and efficient case management, the undersigned finds that the

amended pleading was timely filed and that the pending motions 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).

To the extent Defendants contend the Amended Complaint is deficient, this Order is

without prejudice to Defendants filing motions to dismiss the Amended Complaint, as appropriate.

Pro se Plaintiff is respectfully advised that further amendments will not be allowed without leave

of the Court. See Fed.R.Civ.P. 15(a)(2).

IT IS, THEREFORE, ORDERED that “Experian Information Solutions, Inc.’s Motion

To Dismiss Plaintiff's Complaint” (Document No. 18) is DENIED AS MOOT.

IT IS FURTHER ORDERED that the “Motion To Dismiss Of Defendant General Motors

Financial Company, Inc.” (Document No. 25) is DENIED AS MOOT.

IT IS FURTHER ORDERED that Plaintiff's “Motion For Default Judgment” (Document

No. 13) is DENIED AS MOOT.

IT IS FURTHER ORDERED that Plaintiff's “Motion For Amended Application”

(Document No. 21) is DENIED AS MOOT.

SO ORDERED.

Signed: April 6, 2023

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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