Hayes v. Charlotte Mecklenburg Hospital Authority

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CASE NO. 3:16-cv-750-GCM

UNITED STATES OF AMERICA, ex. rel., Daniel H. Hayes, M.D., Plaintiff, v. ORDER CHARLOTTE MECKLENBURG HOSPITAL AUTHOURITY, d/b/a and n/k/a ATRIUM HEALTH, a North Carolina Hospital Authority, Defendant.

THIS MATTER is before the Court on Defendant’s Motion to Dismiss (“Motion”) (Doc. No. 13), directed at Plaintiffs original Complaint (Doc. No. 1). On August 6, 2019, Plaintiff filed its First Amended Complaint (Doc. No. 22). Accordingly, Defendant’s Motion directed at the original Complaint is moot. See Young v. City of Mount Ranier, 238 F. 3d 567, 573 (4th Cir. 2001) (amended pleading renders original pleading of no effect); Hall v. Int’l Union, United Auto., Aerospace & Agric. Implement Workers of Am., UAW, No. 3:10-cv-418, 2011 U.S. Dist. LEXIS 66084, 2011 WL 40143515, at * 1 (W.D.N.C. June 21, 2011) (An “amended complaint renders the defendants’ pending motion to dismiss that are related to the superseding complaint as moot.”). Thus, Defendant’s Motion is DENIED without prejudice. Defendant may refile with respect to Plaintiff's First Amended Complaint. SO ORDERED. Signed: February 5, 2020 / 7] 2 1)

Graham C. Mullen United States District Judge at