DAVID S. CAYER, Magistrate Judge.
Rule 15 of the Federal Rules of Civil Procedure governs amendments to pleadings. Rule 15(a)(1) grants a party the right to "amend its pleading once as a matter of course," if done within twenty-one (21) days after serving the pleading, Fed. R. Civ. P. 15(a)(1)(A), or, "if the pleading is one to which a responsive pleading is required," a party may amend once as a matter of course, provided that it does so within "21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier." Fed. R. Civ. P. 15(a)(1)(B). The Rule further provides that in "all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires." Fed.R.Civ.P. 15(a)(2).
Defendants filed their Motion to Dismiss on August 31, 2017. On September 14, 2017, Plaintiff filed her "Motion for Leave to File Second Amended Complaint" (document #7). Plaintiff stated in her Motion that her "[c]ounsel read Rule 15(a)(1)(B) to allow Plaintiff to file this amendment as a matter of course since it is the first amendment after removal of the case to this Court and is in response to a motion to dismiss." However, because Plaintiff had amended her Complaint in state court prior to removal, she also sought leave to amend under Rule 15(a)(2). On September 20, 2017, Defendants filed "Defendants' Response to Plaintiff's Motion for Leave to File Second Amended Complaint" (document #8). Defendants stated that they did not oppose Plaintiff's Motion.
Since Defendants consent to Plaintiff amending her Complaint, the Court will grant the Motion.
It is well settled that an amended pleading supersedes the original pleading, and that motions directed at superseded pleadings are to be denied as moot.
1. Plaintiff's "Motion for Leave to File Second Amended Complaint" (document #7) is
2. "Defendants' Motion to Dismiss Plaintiff's Amended Complaint" (document #4) is administratively
3. The Clerk is directed to send copies of this Order to counsel for the parties, including but not limited to moving counsel;