Dennie v. Bank of America, N.A.

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:24-cv-454-MOC KIMBERLY DENNIE, individually, on behalf of herself and all others similarly situated, Plaintiff, ORDER V. BANK OF AMERICA, N.A., Defendant.

THIS MATTER comes before the Court on a Motion to Dismiss filed by Defendant. (Doc. No. 8). Plaintiff filed an Amended Complaint on July 19, 2024. (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2d 391, 397 (D. Md. 2002) (denying as moot motions to dismiss original complaint on grounds that amended complaint superseded original complaint).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) Defendant’s Motion to Dismiss, (Doc. No. 8), is DENIED as moot. Signed: November 18, 2024

asievrnna Max O. Cogburn Jr , United States District Judge Toalg ht