Smash Franchise Partners, LLC v. Barber Power Law Group, PLLC et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:23-CV-00710-RJC-SCR
THIS MATTER is before the Court on “Defendants’ Motion to Dismiss” (Doc. No. 13)
filed December 20, 2023, and “Plaintiff’s “First Amended Complaint” (Doc. No. 16) filed January
8, 2024.
Rule 15 of the Federal Rules of Civil Procedure governs amendments to pleadings. Rule
15(a)(1) grants a party the right to “amend its pleading once as a matter of course,” if done within
21 days after serving the pleading, Fed. R. Civ. P. 15(a)(1)(A), or “if the pleading is one to which
a responsive pleading is required,” a party may amend once as a matter of course, provided that it
does so within “21 days after service of a responsive pleading or 21 days after service of a motion
under Rule 12(b), (e), or (f), whichever is earlier.” Fed. R. Civ. P. 15(a)(1)(B). The Rule further
provides that leave to amend shall be freely given “when justice so requires.” Fed. R. Civ. P.
15(a)(2).
Plaintiff filed its First Amended Complaint within 21 days following receipt of Defendant’s
Motion to Dismiss. Accordingly, the amendment is as a matter of course.
SMASH FRANCHISE PARTNERS, LLC, )
)
Plaintiff, )
)
v. )
) ORDER
BARBER POWER LAW GROUP, PLLC,
et. al.,
)
)
)
Defendants. )
Case 3:23-cv-00710-FWV-SCR Document 17 Filed 01/09/24 Page 1 of 2

It is well-settled that an amended pleading supersedes the original pleading, and that
motions directed at superseded pleadings are to be denied as moot. Hall v. Int’l Union, United
Auto., Aerospace & Agric. Implement Workers of Am., No. 3:10-CV-418-RJC-DSC, 2011 WL
4014315, at *1 (W.D.N.C. June 21, 2011); Young v. City of Mount Ranier, 238 F.3d 567, 572-73
(4th Cir. 2001).
IT IS THEREFORE ORDERED that:
1. “Defendants’ Motion to Dismiss” (Doc. No. 13) is administratively DENIED as moot
without prejudice.
3. The Clerk is directed to send copies of this Order to counsel for the parties and to the
Honorable Robert J. Conrad, Jr.
SO ORDERED. Signed: January 9, 2024
Case 3:23-cv-00710-FWV-SCR Document 17 Filed 01/09/24 Page 2 of 2