The opinion
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:24-CV-00752-FDW-SCR
REV TECH LABS, LLC, CAROLINAS )
FINTECH VENTURES, LP, )
)
Plaintiffs, )
)
v. ) ORDER
)
CIRRUS SECURE, INC., FRIDESWIDE )
SQUARE, INC., DAVID BROOKS, )
)
Defendants. )
)
THIS MATTER is before the Court on Plaintiffs Rev Tech Labs, LLC’s and Carolinas
Fintech Ventures, LP’s (“Plaintiffs”) Motion to Dismiss. (Doc. No. 15.) On August 16, 2024,
Plaintiffs filed their Complaint. (Doc. No. 1.) On October 21, 2024, Defendants Cirrus Secure,
Inc., Frideswide Square, Inc., and David Brooks (“Defendants”) filed their Answer and
Counterclaim. (Doc. No. 11.) On November 12, 2024, Plaintiffs filed a Motion to Dismiss
Defendants’ Counterclaim. (Doc. No. 15.) On November 26, 2024, the parties filed a Joint
Stipulation for Defendants to file an Amended Counterclaim, which would moot Plaintiffs’ Motion
to Dismiss. (Doc. No. 20.) Also on November 26, 2024, Defendants filed their Amended
Counterclaim. (Doc. No. 21.)
An amended pleading generally supersedes the original pleading. Brown v. Sikora and
Assocs., Inc., 311 F. App’x 568, 572 (4th Cir. 2008). “When a motion to dismiss is pending against
a counterclaim that is later superseded by an amended counterclaim, that motion to dismiss is
rendered moot.” JTH Tax, Inc. v. Williams, No. 2:18cv26, 2018 WL 10471107, at *2 (E.D. Va.
Apr. 4, 2018). Since Defendants filed an Amended Counterclaim, the pending Motion to Dismiss
is rendered moot.
IT IS THEREFORE ORDERED that Plaintiffs’ Motion to Dismiss Defendants’
Counterclaim, (Doc. No. 15), is DENIED as moot.
IT IS SO ORDERED.
Signed: December 2, 2024
Frank D. Whitney é
United States District Judge Begs