Oxendine v. The Western & Southern Financial Group

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No. 7:25-CV-1046-BO-KS

JERRY DEAN OXENDINE, ) ) Plaintiff, ) ) v. ) ORDER ) THE WESTERN & SOUTHERN ) FINANCIAL GROUP, d/b/a THE ) WESTERN AND SOUTHERN LIFE ) INSURANCE COMPANY, ) ) Defendant. )

This cause comes before the Court on defendant’s motion to dismiss. [DE 5]. After the filing of the motion to dismiss, plaintiff filed an amended complaint. [DE 13]. Defendant has answered the amended complaint, [DE 14], and has not moved to dismiss the amended complaint. “Because a properly filed amended complaint supersedes the original one and becomes the operative complaint in the case, it renders the original complaint ‘of no effect.” Fawzy v. Wauquiez Boats SNC, 873 F.3d 451, 455 (4th Cir. 2017) (quoting Young v. City of Mt. Ranier, 238 F.3d 567, 573 (4th Cir. 2001)). Accordingly, defendant’s motion to dismiss the original complaint [DE 5] is DENIED AS MOOT.

SO ORDERED, this | day of August 2025. — Jeune, —# a TERRENCE W. BOYLE UNITED STATES DISTRICT JUDGE