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THOSE CERTAIN UNDERWRITERS AT LLOYD'S, LONDON SUBSCRIBING TO POLICY CERTIFICATE NUMBER 466338 v. DINER, 1:14cv280. (2015)

Court: District Court, W.D. North Carolina Number: infdco20151203d65 Visitors: 7
Filed: Dec. 02, 2015
Latest Update: Dec. 02, 2015
Summary: ORDER DENNIS L. HOWELL , Magistrate Judge . Pending before the Court is the Motion for Leave to File Amended Complaint [# 54]. Plaintiff moves for leave to amend its Complaint. All of the Defendants other than Deerfields, Ltd. consent to the proposed amendment. Defendant Deerfields, however, did not file a response to Plaintiff's motion. Upon a review of the pleadings, and pursuant to Rule 15 of the Federal Rules of Civil Procedure, the Court GRANTS the motion [# 54]. Plaintiff shall have
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ORDER

Pending before the Court is the Motion for Leave to File Amended Complaint [# 54]. Plaintiff moves for leave to amend its Complaint. All of the Defendants other than Deerfields, Ltd. consent to the proposed amendment. Defendant Deerfields, however, did not file a response to Plaintiff's motion. Upon a review of the pleadings, and pursuant to Rule 15 of the Federal Rules of Civil Procedure, the Court GRANTS the motion [# 54]. Plaintiff shall have ten (10) days from the entry of this Order to file the Amended Complaint. Because the filing of an amended pleading supersedes the original pleading and renders it void of any legal function in the case, Young v. City of Mount Ranier, 238 F.3d 567, 572 (4th Cir. 2001), the Court DENIES as moot the Motions for Judgment on the Pleadings [# 19 & # 21].

Source:  Leagle

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