Bennett v. Bank of America, N.A.

W.D. North Carolina

Bennett v. Bank of America, N.A.

CourtDistrict Court, W.D. North Carolina

DecidedJune 9, 2020

Docket3:20-cv-00244

StatusUnknown

This text of Bennett v. Bank of America, N.A. (Bennett v. Bank of America, N.A.) is published on Counsel Stack Legal Research, covering District Court, W.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bennett v. Bank of America, N.A., (W.D.N.C. 2020).

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO. 3:20-CV-00244-RJC-DSC

PAMELA BENNETT et. al., ) ) Plaintiffs, ) ) ORDER v. ) ) BANK OF AMERICA N.A. et. al., ) ) Defendants. )

THIS MATTER is before the Court on “Defendant Bank of America N.A.’s Motion to Dismiss Complaint” (document #3) filed May 26, 2020, and “Plaintiffs’ Verified First Amended Complaint …” (document #5) filed June 8, 2020. Rule 15 of the Federal Rules of Civil Procedure governs amendments to pleadings. Rule 15(a)(1) grants a party the right to “amend its pleading once as a matter of course,” if done within twenty-one (21) days after serving the pleading, Fed. R. Civ. P. 15(a)(1)(A), or “if the pleading is one to which a responsive pleading is required,” a party may amend once as a matter of course, provided that it does so within “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)(B). The Rule further provides that leave to amend shall be freely given “when justice so requires.” Id. Plaintiffs filed their First Amended Complaint as of right thirteen days after receipt of Defendant’s Motion to Dismiss. It is well settled that an amended pleading supersedes the original pleading, and that motions directed at superseded pleadings are to be denied as moot. Young v. City of Mount Ranier, 238 F. 3d 567, 573 (4th Cir. 2001) (amended pleading renders original pleading of no effect); Turner v. Kight, 192 F. Supp. 2d 391, 397 (D. Md. 2002) (denying as moot motion to dismiss original complaint on grounds that amended complaint superseded original complaint).

IT IS THEREFORE ORDERED that:

1. “Defendant Bank of America N.A.’s Motion to Dismiss Complaint” (document #3) is administratively DENIED as moot without prejudice.

2. The Clerk is directed to send copies of this Order to counsel for the parties and to the Honorable Robert J. Conrad, Jr..

SO ORDERED. Signed: June 9, 2020

David S. Cayer : i-f United States Magistrate Judge a

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO. 3:20-CV-00244-RJC-DSC

PAMELA BENNETT et. al., ) ) Plaintiffs, ) ) ORDER v. ) ) BANK OF AMERICA N.A. et. al., ) ) Defendants. )

THIS MATTER is before the Court on “Defendant Bank of America N.A.’s Motion to Dismiss Complaint” (document #3) filed May 26, 2020, and “Plaintiffs’ Verified First Amended Complaint …” (document #5) filed June 8, 2020. Rule 15 of the Federal Rules of Civil Procedure governs amendments to pleadings. Rule 15(a)(1) grants a party the right to “amend its pleading once as a matter of course,” if done within twenty-one (21) days after serving the pleading, Fed. R. Civ. P. 15(a)(1)(A), or “if the pleading is one to which a responsive pleading is required,” a party may amend once as a matter of course, provided that it does so within “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)(B). The Rule further provides that leave to amend shall be freely given “when justice so requires.” Id. Plaintiffs filed their First Amended Complaint as of right thirteen days after receipt of Defendant’s Motion to Dismiss. It is well settled that an amended pleading supersedes the original pleading, and that motions directed at superseded pleadings are to be denied as moot. Young v. City of Mount Ranier, 238 F. 3d 567, 573 (4th Cir. 2001) (amended pleading renders original pleading of no effect); Turner v. Kight, 192 F. Supp. 2d 391, 397 (D. Md. 2002) (denying as moot motion to dismiss original complaint on grounds that amended complaint superseded original complaint).

IT IS THEREFORE ORDERED that:

1. “Defendant Bank of America N.A.’s Motion to Dismiss Complaint” (document #3) is administratively DENIED as moot without prejudice.

2. The Clerk is directed to send copies of this Order to counsel for the parties and to the Honorable Robert J. Conrad, Jr..

SO ORDERED. Signed: June 9, 2020

David S. Cayer : i-f United States Magistrate Judge a

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