Day v. BMW of North America, LLC

E.D. North Carolina

Day v. BMW of North America, LLC

CourtDistrict Court, E.D. North Carolina

DecidedApril 23, 2020

Docket5:20-cv-00024

StatusUnknown

This text of Day v. BMW of North America, LLC (Day v. BMW of North America, LLC) is published on Counsel Stack Legal Research, covering District Court, E.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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Day v. BMW of North America, LLC, (E.D.N.C. 2020).

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Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION CASE NO. 5:20-cv-00024-M LARRY DAY, ) Plaintiff, ) ) v. ) ORDER ) BMW OF NORTH AMERICA, LLC, ) Defendant. )

This matter is before the Court on Defendant’s Motion to Dismiss Pursuant to Rule 12(b)(6) [DE-21]. “Where an amended complaint has been filed with leave of court, motions to dismiss earlier complaints are denied as moot. Plaintiff's original complaint in now ‘of no legal effect.’” Parsons v. N. Carolina Dep’t of Revenue, No. 5:18-cv-452-FL, 2019 WL 2181913, at *2 (E.D.N.C. May 20, 2019) (citing Young v. City of Mount Ranier, 238 F.3d 567, 573 (4th Cir. 2001)); see also Charles Alan Wright & Arthur R. Miller, 6 Fed. Prac. & Proc. Civ. § 1476 (3d ed. 2020) (“A pleading that has been amended under Rule 15(a) supersedes the pleading it modifies and remains in effect throughout the action unless it subsequently is modified. Once an amended pleading is interposed, the original pleading no longer performs any function in the case... .”) (footnote omitted), Plaintiff was granted leave to file an amended complaint [March 31, 2020 Text Order] which he did on April 21, 2020 [DE-25]. This Amended Complaint supersedes the complaint it modifies and therefore the pending motion to dismiss the earlier complaint [DE-21] is DENIED as moot.

SO ORDERED this the 28 day of April, 2020. <7 RICHARD E. MYERS II U.S. DISTRICT COURT JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION CASE NO. 5:20-cv-00024-M LARRY DAY, ) Plaintiff, ) ) v. ) ORDER ) BMW OF NORTH AMERICA, LLC, ) Defendant. )

This matter is before the Court on Defendant’s Motion to Dismiss Pursuant to Rule 12(b)(6) [DE-21]. “Where an amended complaint has been filed with leave of court, motions to dismiss earlier complaints are denied as moot. Plaintiff's original complaint in now ‘of no legal effect.’” Parsons v. N. Carolina Dep’t of Revenue, No. 5:18-cv-452-FL, 2019 WL 2181913, at *2 (E.D.N.C. May 20, 2019) (citing Young v. City of Mount Ranier, 238 F.3d 567, 573 (4th Cir. 2001)); see also Charles Alan Wright & Arthur R. Miller, 6 Fed. Prac. & Proc. Civ. § 1476 (3d ed. 2020) (“A pleading that has been amended under Rule 15(a) supersedes the pleading it modifies and remains in effect throughout the action unless it subsequently is modified. Once an amended pleading is interposed, the original pleading no longer performs any function in the case... .”) (footnote omitted), Plaintiff was granted leave to file an amended complaint [March 31, 2020 Text Order] which he did on April 21, 2020 [DE-25]. This Amended Complaint supersedes the complaint it modifies and therefore the pending motion to dismiss the earlier complaint [DE-21] is DENIED as moot.

SO ORDERED this the 28 day of April, 2020. <7 RICHARD E. MYERS II U.S. DISTRICT COURT JUDGE

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Day v. BMW of North America, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/day-v-bmw-of-north-america-llc-nced-2020.

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