Timothy Saunooke v. The Home Depot U.S.A., Inc.
This text of Timothy Saunooke v. The Home Depot U.S.A., Inc. (Timothy Saunooke v. The Home Depot U.S.A., Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Civil Action No. 5:25-cv-00609-M
TIMOTHY SAUNOOKE, Plaintiff,
V. ORDER THE HOME DEPOT U.S.A., INC., Defendant.
This matter comes before the court on the Plaintiff's Motion for Leave to Amend Complaint pursuant to Rule 15(a) of the Federal Rules of Civil Procedure. DE 12. Defendant is correct that, under Rule 15(a)(1), Plaintiff may amend his pleading once “as a matter of course” under certain circumstances. Those circumstances exist here and, therefore, Plaintiff need not seek leave of court to amend his pleading. Plaintiff's motion is DENIED as moot, and the Clerk of the Court is directed to file the Amended Complaint (DE 12 at 2) on the case docket. “Ordinarily, an amended complaint supersedes those that came before it.”” Goodman v. Diggs, 986 F.3d 493, 498 (4th Cir. 2021) (citing Young v. City of Mount Ranier, 238 F.3d 567, 572 (4th Cir. 2001)). In light of Plaintiffs filing, Defendant’s Motion to Dismiss Plaintiffs Complaint [DE 8] is DENIED WITHOUT PREJUDICE as moot. Defendant shall file an answer or other response to the Amended Complaint in accordance with Rule 15(a). SO ORDERED this aK ay of October, 2025. rial £ Vyas RICHARD E. MYERS II CHIEF UNITED STATES DISTRICT JUDGE
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
Timothy Saunooke v. The Home Depot U.S.A., Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/timothy-saunooke-v-the-home-depot-usa-inc-nced-2025.