Courtney Holley v. Cook County School District, et al.

Summary

The court grants Plaintiff Courtney Holley's amendment of the complaint under Federal Rule of Civil Procedure 15(a)(2), based on Defendants' consent. Because the second amended complaint supersedes the prior pleading, the court denies Defendants' earlier motions to dismiss as moot and without prejudice.

Holdings

1. After the period for amendment as a matter of course has expired, a party may amend a pleading by leave of court or with the opposing party's consent; because defendants consented, the court granted plaintiff's motion to amend.
2. Because plaintiff filed an authorized amended complaint, defendants' two prior motions to dismiss were denied without prejudice as moot.

Questions Presented

1. Whether plaintiff could amend the complaint under Federal Rule of Civil Procedure 15(a)(2) with defendants' consent.
2. Whether defendants' pending motions to dismiss became moot after the amended complaint superseded the prior pleading.

Disposition

other