Opinion

Mountain Island Day Community Charter School v. Inspire Performing Arts Company, LLC

Court
District Court, W.D. North Carolina
Filed
Nov 25, 2024
Cited by
0 cases
Authority
More cited than 33.1%

“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

CIVIL ACTION NO. 3:24-CV-779-FDW-DCK

MOUNTAIN ISLAND DAY COMMUNITY )

CHARTER SCHOOL, et al., )

) ORDER

Plaintiffs/Counterclaim Defendants, )

)

v. )

)

INSPIRE PERFORMING ARTS COMPANY, )

LLC, ET AL., )

)

Defendants/Counterclaim Plaintiffs/Third- )

Party Plaintiffs, )

)

v. )

)

JACKSON DAY SCHOOL BOARD OF )

DIRECTORS, et al., )

)

Third-Party Defendants. )

)

THIS MATTER IS BEFORE THE COURT on “Defendants May And Lewis’s Partial

Motion To Dismiss...” (Document No. 27) filed October 28, 2024. 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 direct that the pending motion to dismiss be denied as moot.

Plaintiff filed a “First Amended Complaint” (Document No. 39) on November 12, 2024,

which supersedes the original Complaint (Document No. 1). Therefore, the undersigned will direct

that “Defendants May And Lewis’s Partial Motion To Dismiss...” (Document No. 27) 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that motions directed at superseded pleadings may be denied as moot.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 “Defendants May And Lewis’s Partial Motion To

Dismiss...” (Document No. 27) is DENIED AS MOOT.

SO ORDERED.

) cut

David C. Keesler “ey

United States Magistrate Judge get

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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