CSX Transportation, Inc. v. CRH Americas, Inc., et al.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:21-CV-00480-GCM
THIS MATTER is before the Court on Plaintiff CSX Transportation’s Motion to Dismiss
Defendant Oldcastle Lawn & Garden’s Counterclaim (ECF No. 31). Oldcastle Lawn & Garden
subsequently filed an amended counterclaim with the consent of Plaintiff’s counsel. See ECF No.
35 at 2; ECF No. 36. Because the amended counterclaim supersedes the filing that CSX
Transportation sought to dismiss, CSX Transportation’s motion is moot. See Young v. City of
Mount Rainier, 238 F.3d 567, 573 (4th Cir. 2001) (“[A]n amended pleading supersedes the original
pleading, rendering the original pleading of no effect.”).
IT IS THEREFORE ORDERED that the Motion to Dismiss (ECF No. 31) is DENIED
AS MOOT.
SO ORDERED.
CSX TRANSPORTATION, INC.,
Plaintiff,
v. ORDER
OLDCASTLE LAWN & GARDEN,
INC.,
BONSAL AMERICAN, INC.,
OLDCASTLE BUILDING
PRODUCTS INC.,
Defendants.
Signed: February 18, 2022
Case 3:21-cv-00480-FWV-SCR Document 41 Filed 02/18/22 Page 1 of 1