Cory Jones, et al. v. Clearfield Police Department, et al.

Summary

The United States District Court for the District of Utah denied without prejudice Defendants’ Rule 12(b)(6) motion to dismiss. The court held that Plaintiffs’ amended complaint was timely filed as a matter of course under Federal Rule of Civil Procedure 15 and superseded the original complaint.

Holdings

1. Under Federal Rule of Civil Procedure 15(a)(1), Plaintiffs could amend their complaint once as a matter of course because they filed the amended complaint within 21 days after service of Defendants' Rule 12(b) motion.
2. A timely amended complaint supersedes the original complaint and renders the original complaint of no legal effect; therefore, a motion directed at the original complaint must be denied without prejudice.

Questions Presented

1. Whether Plaintiffs could amend their complaint as a matter of course within 21 days after service of Defendants' Rule 12(b) motion.
2. Whether Defendants' motion to dismiss the original complaint remained operative after Plaintiffs filed a timely amended complaint.

Disposition

dismissed