Allyson Greenroyd v. Michelle Shelton, et al.

Summary

The court denied without prejudice several motions to dismiss because the plaintiff had filed an amended complaint superseding the original complaint. The court also denied as moot motions to clarify and certain withdrawn requests for preliminary injunctive relief and expedited discovery.

Holdings

1. An amended complaint supersedes the original complaint and renders it of no legal effect; therefore, motions directed at the original complaint were denied without prejudice to resubmission, if appropriate.
2. Although Plaintiff cited Federal Rule of Civil Procedure 41(a)(1)(A)(i), the notice was construed as withdrawing the identified motions and filings rather than dismissing the action.
3. The emergency motion for preliminary injunction, the motion for preservation order and expedited targeted discovery, and Defendants' motions to clarify were denied as moot.

Questions Presented

1. Whether Defendants' motions to dismiss the original complaint remained operative after Plaintiff filed an amended complaint.
2. Whether Plaintiff's voluntary notice under Federal Rule of Civil Procedure 41(a)(1)(A)(i) dismissed the action or merely withdrew the specified motions and filings.
3. Whether the withdrawn motions and the motions to clarify should be denied as moot.

Disposition

other