Bellamy v. Union County Board of Education

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:23-CV-00898-RJC-SCR
THIS MATTER is before the Court on Defendant’s “Motion to Dismiss” (Doc. No. 7)
filed April 29, 2024. Plaintiff filed his “Amended Complaint” (Doc. No. 9) on May 20, 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 his Amended Complaint within 21 days following receipt of Defendant’s
Motion to Dismiss. Accordingly, the amendment is as a matter of course. Fed. R. Civ. P.
15(a)(1)(B).
GERALD BELLAMY, )
)
Plaintiff, )
)
v. )
) ORDER
UNION COUNTY BOARD OF
EDUCATION,
)
)
)
Defendant. )
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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motions directed at superseded pleadings are to be denied as moot.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).
The Court makes no determination as to the merits of any of Plaintiff’s claims and all
objections and defenses raised by Defendant in its initial Motion are preserved.
IT IS THEREFORE ORDERED that:
1. Defendant’s “Motion to Dismiss” (Doc. No. 7) is administratively DENIED as moot
without prejudice.
2. 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: May 21, 2024
Case 3:23-cv-00898-GCM-SCR Document 10 Filed 05/21/24 Page 2 of 2