Controls Southeast, Inc. v. QMax Industries, Inc.

W.D. North Carolina

Controls Southeast, Inc. v. QMax Industries, Inc.

District Court, W.D. North Carolina·Decided March 25, 2022·No. 3:21-cv-00302·Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:21-cv-302-MOC-DSC CONTROLS SOUTHEAST, INC., ) Plaintiff, vs. ORDER QMAZ INDUSTRIES, INC., THOMAS W. PERRY, ) Defendants. __) THIS MATTER comes before the Court on a Motion to Dismiss Plaintiff's Complaint, filed by Defendants. (Doc. No. 11). Plaintiff filed an Amended Complaint on December 6, 2021. (Doc. No. 14). Because Plaintiff has filed an Amended Complaint, the pending motion to dismiss the original Complaint is moot. See 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.”); Turner v. Kight, 192 F. Supp. 2d 391, 397 (D. Md. 2002) (denying as moot motions to dismiss original complaint on grounds that amended complaint superseded original complaint). IT IS THEREFORE ORDERED that: (1) Defendants’ Motion to Dismiss, (Doc. No. 11), is DENIED as moot.

Signed: March 25, 2022

i ) Biever SS Max O. Cogburn i yg United States District Judge Toa gt

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:21-cv-302-MOC-DSC CONTROLS SOUTHEAST, INC., ) Plaintiff, vs. ORDER QMAZ INDUSTRIES, INC., THOMAS W. PERRY, ) Defendants. __) THIS MATTER comes before the Court on a Motion to Dismiss Plaintiff's Complaint, filed by Defendants. (Doc. No. 11). Plaintiff filed an Amended Complaint on December 6, 2021. (Doc. No. 14). Because Plaintiff has filed an Amended Complaint, the pending motion to dismiss the original Complaint is moot. See 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.”); Turner v. Kight, 192 F. Supp. 2d 391, 397 (D. Md. 2002) (denying as moot motions to dismiss original complaint on grounds that amended complaint superseded original complaint). IT IS THEREFORE ORDERED that: (1) Defendants’ Motion to Dismiss, (Doc. No. 11), is DENIED as moot.

Signed: March 25, 2022

i ) Biever SS Max O. Cogburn i yg United States District Judge Toa gt

Controls Southeast, Inc. v. QMax Industries, Inc., (W.D.N.C. 2022).

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