Jim Pegram Farms v. Skelton

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI OXFORD DIVISION

JIM PEGRAM FARMS, JAMES PLAINTIFFS PEGRAM, and KATHLEEN PEGRAM

V. NO. 3:21-CV-196-DMB-RP

J.P. MORGAN CHASE NATIONAL CORPORATE SERVICES, INC.; CAPITAL ONE BANK (USA), N.A.; NATIONSTAR MORTGAGE LLC d/b/a Mr. Cooper; and XYZ CORPORATIONS DEFENDANTS

ORDER On August 18, 2021, Jim Pegram Farms, James Pegram, and Kathleen Pegram filed a complaint in the Circuit Court of Tunica County, Mississippi, against Tony Skelton; J.P. Morgan Chase National Corporate Services, Inc.; Capital One, National Association; Nationstar Mortgage LLC d/b/a Mr. Cooper; and “XYZ Corporations.” Doc. #3. JPMorgan Chase Bank, N.A., alleging it was improperly identified as J.P. Morgan Chase National Corporate Services, Inc.,1 and Nationstar removed the case to the United States District Court for the Northern District of Mississippi on September 2, 2021, asserting diversity jurisdiction.2 Doc. #1. Nationstar, Chase, and Capital One each filed a motion to dismiss the complaint.3 Docs. #21, #24, #30. After the motions to dismiss were filed, the plaintiffs, with the Court’s leave,4 filed an amended complaint.5 Doc. #74.

1 Chase has taken no action nor presented any proof seeking to correct the asserted misnomer. 2 Skelton and Capital One consented to removal. Docs. #2, #12. 3 Before any of the motions to dismiss were filed, the plaintiffs voluntarily dismissed their claims against Skelton. Doc. #19. 4 Doc. #73. 5 Consistent with his dismissal, Skelton is not named in the amended complaint. See Doc. #74. As a general rule, “[a]n amended complaint supersedes the original complaint and renders it of no legal effect unless the amended complaint specifically refers to and adopts or incorporates by reference the earlier pleading.” King v. Dogan, 31 F.3d 344, 346 (5th Cir. 1994). Because the amended complaint here does not incorporate the earlier pleading and because Nationstar, Chase, and Capital One have filed motions to dismiss the amended complaint,6 the

motions to dismiss the original complaint [21][24][30] are DENIED as moot. SO ORDERED, this 7th day of June, 2022.

/s/Debra M. Brown UNITED STATES DISTRICT JUDGE

6 Docs. #83, #85, #93.