Filed: Mar. 11, 2015
Latest Update: Mar. 11, 2015
Summary: ORDER, REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE E. CLAYTON SCOFIELD, III , Magistrate Judge . This matter is before the Court on Defendant's motion to dismiss, [Doc. 10], and Plaintiff's consent motion to amend the complaint. [Doc. 26]. Upon consideration, Defendant consenting thereto, Plaintiff's consent motion to amend the complaint, [Doc. 26], is GRANTED. Plaintiff's amended complaint, [Doc. 26-1], shall be deemed filed as of the date of this order. The Clerk is D
Summary: ORDER, REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE E. CLAYTON SCOFIELD, III , Magistrate Judge . This matter is before the Court on Defendant's motion to dismiss, [Doc. 10], and Plaintiff's consent motion to amend the complaint. [Doc. 26]. Upon consideration, Defendant consenting thereto, Plaintiff's consent motion to amend the complaint, [Doc. 26], is GRANTED. Plaintiff's amended complaint, [Doc. 26-1], shall be deemed filed as of the date of this order. The Clerk is DI..
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ORDER, REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
E. CLAYTON SCOFIELD, III, Magistrate Judge.
This matter is before the Court on Defendant's motion to dismiss, [Doc. 10], and Plaintiff's consent motion to amend the complaint. [Doc. 26].
Upon consideration, Defendant consenting thereto, Plaintiff's consent motion to amend the complaint, [Doc. 26], is GRANTED. Plaintiff's amended complaint, [Doc. 26-1], shall be deemed filed as of the date of this order. The Clerk is DIRECTED to enter Plaintiff's amended complaint, [Doc. 26-1], as a separate entry on the docket in the instant case.
The filing of Plaintiff's amended complaint moots Defendant's motion to dismiss. "[A]n amended complaint supersedes the initial complaint and becomes the operative pleading in the case." Lowery v. Ala. Power Co., 483 F.3d 1184, 1219 (11th Cir. 2007); see also ABATE of Ga., Inc. v. Georgia, 137 F.Supp.2d 1349, 1353 (N.D. Ga. 2001) ("In light of the Plaintiffs having filed a Second Amended Complaint, the Motion to Dismiss the Amended Complaint is moot."), aff'd on other grounds, 264 F.3d 1315 (11th Cir. 2001) (per curiam). Accordingly, IT IS RECOMMENDED that Defendant's motion to dismiss, [Doc. 10], be DENIED AS MOOT.
SO ORDERED AND RECOMMENDED.
