Stalion v. Carroll Bank & Trust

• Court: District Court, W.D. Tennessee
• Decided: July 28, 2022
• Docket: 1:22-cv-01075
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION

TINA STALION, ) ) Plaintiff, ) ) NO. 22-cv-01075- STA-jay vs. ) ) CARROLL BANK & TRUST, ) ) Defendant. ) )

ORDER DENYING MOTION TO DISMISS AS MOOT AND GRANTING PLAINTIFF’S MOTION TO AMEND COMPLAINT

Plaintiff has filed a motion to amend her complaint. (ECF No. 13.) Defendant has not responded to the motion within the requisite time. For good cause shown, Plaintiff’s motion is GRANTED. Plaintiff will have seven (7) days from the entry of this order in which to file her amended complaint. (ECF No. 13-1.) In light of the filing of an amended complaint by Plaintiffs, Defendant’s motion to dismiss is DENIED as moot. (ECF No. 11.) See Parry v. Mohawk Motors of Mich., Inc., 236 F.3d 299, 306 (6th Cir. 2000) (holding that the amended complaint supersedes all previous complaints and becomes the operative pleading)); see also Glass v. The Kellogg Co., 252 F.R.D. 367, 368 (W.D. Mich. 2008) (“Because the original complaint has been superseded and nullified, there is no longer a live dispute about the propriety or merit of the claims asserted therein; therefore, any motion to dismiss such claims is moot.”) IT IS SO ORDERED.

s/ S. Thomas Anderson S. THOMAS ANDERSON CHIEF UNITED STATES DISTRICT JUDGE

Date: July 28, 2022