Summary
The court denied as moot two partial motions to dismiss because the plaintiff’s amended complaint superseded the original pleading. The court also denied as moot a motion for an extension of time filed by Academy Sports & Outdoors, Inc. and Academy, Ltd.
Topics
Practice areas
Questions Presented
- Whether the defendants' partial motions to dismiss the original pleading remained viable after Plaintiff filed a timely amended complaint.
- Whether the defendants' related motion for an extension of time should be denied as moot.
Holdings
- A timely filed amended complaint supersedes the original pleading and renders the original pleading of no legal effect; therefore, motions directed to the original pleading are moot.
- The defendants' motion for an extension of time was denied as moot.
Key quotations
“Plaintiff’s Amended Complaint supersedes the original pleading and renders it of no legal effect.”
Factual background
Plaintiff filed an initial pleading asserting claims against the defendants. Before the defendants' partial motions to dismiss were resolved, Plaintiff timely filed an amended complaint.
Procedural history
Defendants Canik USA, LLC, Century Arms, Inc., Century International Arms, Inc., Academy Sports & Outdoors, Inc., and Academy, Ltd. moved to dismiss portions of the original pleading. Plaintiff filed an amended complaint, and the court held that the amended complaint superseded the original pleading, rendering the pending partial motions to dismiss and a related motion for extension of time moot.