C. L. v. Wilson et al, No. 1:2019cv00792 - Document 92 (S.D.W. Va. 2020)

Court Description: MEMORANDUM OPINION AND ORDER denying as moot the following motions: 47 MOTION by Workman to Exceed Page Limit; 48 MOTION by Workman to Dismiss and/or for Summary Judgment; and 58 MOTION by Amy Crawford, Gina Honaker to Dismiss. Signed by Senior Judge David A. Faber on 11/18/2020. (cc: counsel of record; unrepresented parties) (mk)

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C. L. v. Wilson et al Doc. 92 Case 1:19-cv-00792 Document 92 Filed 11/18/20 Page 1 of 2 PageID #: 821 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD C.L., Plaintiff, v. CIVIL ACTION No. 1:19-00792 DAVID R. WILSON, et al., Defendants. MEMORANDUM OPINION AND ORDER On September 24, 2020, the court granted plaintiff’s motion to amend her complaint. See ECF No. 70. plaintiff filed her amended complaint. On September 29, 2020, See ECF No. 73. Prior to the filing of the amended complaint, certain defendants filed motions to dismiss and/or for summary judgment directed to the original complaint. However, “[b]ecause a properly filed amended complaint supersedes the original one and becomes the operative complaint in the case, it renders the original complaint ‘of no effect’” Fawzy v. Wauquiez Boats SNC, 873 F.3d 451, 455 (4th Cir. 2017) (quoting Young v. City of Mt. Ranier, 238 F.3d 567, 573 (4th Cir. 2001)). For this reason, the following motions, all of which concern the original complaint, are DENIED as moot: 1) Workman’s motion to exceed page limit (ECF No. 47); 2) Workman’s motion to dismiss and/or for summary judgment (ECF No. 48); and Dockets.Justia.com Case 1:19-cv-00792 Document 92 Filed 11/18/20 Page 2 of 2 PageID #: 822 3) Motion to dismiss filed by Amy Crawford and Gina Honaker (ECF No. 58).* The Clerk is directed to send copies of this Memorandum Opinion and Order to all counsel of record and unrepresented parties. IT IS SO ORDERED this 18th day of November, 2020. ENTER: David A. Faber Senior United States District Judge * The court notes that these three defendants have renewed their motions and moved to dismiss the amended complaint. See ECF Nos. 78 and 82. 2

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