4:25-cv-04435•Green v. United Parcel Service Inc
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ROBERT GREEN, JR., Plaintiff, § § § § § § § § § § v. CIVIL ACTION NO. 4:25-cv-4435 UNITED PARCEL SERVICE, INC., Defendant. MEMORANDUM AND RECOMMENDATION Pending before the Court1 is Defendant United Parcel Service, Inc. (Ohio)’s (“Defendant”) Rule 12(B)(6) Motion to Dismiss. (ECF No. 11). Based on a review of the motion, arguments, and relevant law, the Court RECOMMENDS Defendant’s Motion (id.) be DENIED AS MOOT AND WITHOUT PREJUDICE. Plaintiff Robert Green, Jr. (“Plaintiff”) filed this action on September 18, 2025 against Defendant, his employer. (ECF No. 1). In his three-page Complaint, Plaintiff asserts that he was discriminated against and treated differently based on his race and religion, and that he was retaliated against 1 This case was referred to the Undersigned for all purposes pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Federal Rule of Civil Procedure 72. (ECF No. 8). United States District Court Southern District of Texas ENTERED May 21, 2026 Nathan Ochsner, Clerk Case 4:25-cv-04435 Document 30 Filed 05/21/26 in TXSD Page 1 of 4
2 for opposing discrimination and filing his Charge with the Equal Employment Opportunity Commission (“EEOC”). (Id. at 1–2). On November 7, 2025, Defendant filed the instant Motion, arguing Plaintiff alleged insufficient facts to establish a plausible claim against Defendant for religious discrimination, race discrimination, or retaliation. (ECF No. 11). In response, Plaintiff filed an Amended Complaint, entitled “Plaintiff’s Expanded First Amended Complaint.” (ECF No. 16). “The filing of an amended complaint generally renders pending motions moot.” Tanner v. Loving Cnty. Sheriff’s Dep’t, No. 25-cv-033, 2026 WL 454992, at *1 (W.D. Tex. Jan. 30, 2026), report and recommendation adopted, No. 25- cv-033, 2026 WL 451427 (W.D. Tex. Feb. 17, 2026) (internal quotations omitted) (collecting cases); see also Hymes v. AmCap Mortg., Ltd., No. 19-cv- 515, 2019 WL 1748678, at *2 (S.D. Tex. Apr. 18, 2019) (collecting cases). This is particularly true when an amended complaint adds new claims or factual information. See Maxim Integrated Prods., Inc. v. State Farm Mut. Auto. Ins. Co., No. 14-cv-1030, 2015 WL 10990119, at *1 (W.D. Tex. Feb. 12, 2015) (“Especially given the substantive changes in the amended complaint, new causes of action, and more specific facts about the infringement that may go to the heart of the motion to dismiss, the Court finds State Farm’s motion to dismiss is moot.”). Case 4:25-cv-04435 Document 30 Filed 05/21/26 in TXSD Page 2 of 4
3 Here, Plaintiff’s Amended Complaint contains new factual information, including, but not limited to, allegations regarding his religion, other employees, and interactions with Defendant. (See ECF No. 16). Given these substantive differences, Defendant should file a new motion to dismiss targeted specifically at Plaintiff’s Amended Complaint, which is now the operative pleading. See Hymes, 2019 WL 1748678, at *3 (“Because the amended complaint differs in important ways from the original complaint, and because the issues related to the amended complaint are most efficiently addressed and resolved in a single motion to dismiss, the court denies the Lenders’ motion to dismiss as moot, without prejudice.”). Based on the foregoing, the Court RECOMMENDS Defendant’s Rule 12(B)(6) Motion to Dismiss (ECF No. 11) be DENIED AS MOOT AND WITHOUT PREJUDICE. The Clerk shall send copies of this Memorandum and Recommendation to the respective parties who have fourteen days from the receipt thereof to file written objections thereto pursuant to Federal Rule of Civil Procedure 72(b) and General Order 2002-13. Failure to file written objections within the time period mentioned shall bar an aggrieved party from attacking the factual findings and legal conclusions on appeal. Case 4:25-cv-04435 Document 30 Filed 05/21/26 in TXSD Page 3 of 4
4 SIGNED in Houston, Texas on May 21, 2026. ______________________________ Richard W. Bennett United States Magistrate Judge Case 4:25-cv-04435 Document 30 Filed 05/21/26 in TXSD Page 4 of 4
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