Summary
The United States District Court for the Middle District of Georgia denies Wal-Mart Stores East, LP’s motion to dismiss as moot. The court holds that Plaintiff’s amended complaint superseded the original complaint and did not incorporate or adopt it, leaving the amended complaint as the sole operative pleading.
Holdings
- An amended complaint supersedes the original complaint and renders moot a pending motion to dismiss directed at the original complaint when the amended complaint does not refer to or adopt the earlier pleading.
Questions Presented
- Whether a defendant's motion to dismiss the original complaint becomes moot when the plaintiff files an amended complaint that does not incorporate or adopt the original pleading.
Disposition
dismissed
Cases Cited (5)
- Lowery v. Ala. Power Co., 483 F.3d 1184, 1219 (11th Cir. 2007)(followed)
- Dresdner Bank AG v. M/V Olympia Voyager, 463 F.3d 1210, 1215 (11th Cir. 2006)(followed)
- Hoefling v. City of Miami, 811 F.3d 1271, 1277 (11th Cir. 2016)(followed)
- Varnes v. Local 91, Glass Bottle Blowers Ass'n, 674 F.2d 1365, 1370 n.6 (11th Cir. 1982)(followed)
- Wimberly v. Broome, No. 6:15-cv-23, 2016 WL 3264346, at *1 (S.D. Ga. Mar. 29, 2016)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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