Gist v. Fedora Security, LLC
This text of Gist v. Fedora Security, LLC (Gist v. Fedora Security, LLC) 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.
Opinion
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:22-cv-673-MOC-DCK TARA S. GIST, ) ) Plaintiff, ) ) vs. ) ORDER ) FEDORA SECURITY, LLC, ) ) ) Defendant. ) ___) THIS MATTER comes before the Court on a Motion to Dismiss Plaintiff's Complaint, filed by Defendant. (Doc. No. 10). Plaintiff filed an Amended Complaint on February 13, 2023. (Doc. No. 13). 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2d 391, 397 (D. Md. 2002) (denying as moot motions to dismiss original complaint on grounds that amended complaint superseded original complaint).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. 10), is DENIED as moot.
Signed: September 26, 2023
ai cw Max O, Cogburn Ji United States District Judge Tolgget
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Gist v. Fedora Security, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gist-v-fedora-security-llc-ncwd-2023.