Opinion
CIVIL ACTION NO. 2:18-cv-00912
10-05-2018
ALVIN MESSINGER Plaintiff, v. WINDOW WORLD, INC., Defendant.
MEMORANDUM OPINION AND ORDER
Pending before the court is Defendant Window World, Inc.'s Motion to Dismiss [ECF No. 8]. For the reasons stated below, the Motion is DENIED as moot.
On June 5, 2018, Defendant Window World, Inc. moved to dismiss the plaintiff's original Complaint [ECF No. 1-1]. On August 1, 2018, the court granted the plaintiff's Motion to Amend Complaint [ECF No. 26] and directed the Clerk to file the Amended Complaint [ECF No. 26-1] as the operative pleading in the matter.
"As a general rule, 'an amended pleading ordinarily supersedes the original and renders it of no legal effect.'" Young v. City of Mt. Ranier, 238 F.3d 567, 572 (4th Cir. 2001) (quoting In re Crysen/Montenay Energy Co., 226 F.3d 160, 162 (2d Cir. 2000)). When a plaintiff amends a complaint while a motion to dismiss is pending, a court may deny the motion as moot. See Turner v. Kight, 192 F. Supp. 2d 391, 397 (D. Md. 2002) (denying as moot motion to dismiss original complaint because it was superseded by the amended complaint); see also Sennott v. Adams, No. 6:13-cv-02813-GRA, 2014 WL 2434745, at *3 (D.S.C. May 29, 2014) ("Thus, a defendant's previous motion to dismiss is rendered moot when a plaintiff files an amended complaint."); Skibbe v. Accredited Home Lenders, Inc., No. 2:08-cv-01393, 2014 WL 2117088, at *3 (S.D. W. Va. May 21, 2014) (denying as moot defendants' renewed motion to dismiss where "[t]he Third Amended Complaint superseded the Amended Complaint and the Second Amended Complaint"). Here, plaintiff's amended pleading superseded its original Complaint. Accordingly, Defendant's Motion to Dismiss [ECF No. 8] is DENIED as moot. The court DIRECTS the Clerk to send a copy of this Memorandum Opinion and Order to counsel of record and any unrepresented party.
ENTER: October 5, 2018
/s/_________
JOSEPH R. GOODWIN
UNITED STATES DISTRICT JUDGE