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DeBerry v. Reliance Standard Life Insurance Company

United States District Court, W.D. North Carolina, Charlotte Division
May 10, 2011
3:11cv44 (W.D.N.C. May. 10, 2011)

Opinion

3:11cv44.

May 10, 2011


ORDER


Pending before the Court is Defendant's Motions to Dismiss [# 3]. Plaintiff brought this case in the Superior Court of Mecklenburg County asserting claims for breach of contract and unfair or deceptive trade practices. Defendant removed the case to this Court and then moved to dismiss the claims as preempted by the Employee Retirement Income Security Act of 1974 ("ERISA"). Subsequently, Plaintiff filed an Amended Complaint. The filing of an amended complaint supercedes the original complaint 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). Accordingly, the Court DENIES as moot Defendant's Motion to Dismiss [#3].


Summaries of

DeBerry v. Reliance Standard Life Insurance Company

United States District Court, W.D. North Carolina, Charlotte Division
May 10, 2011
3:11cv44 (W.D.N.C. May. 10, 2011)
Case details for

DeBerry v. Reliance Standard Life Insurance Company

Case Details

Full title:JERRY DeBERRY, Plaintiff, v. RELIANCE STANDARD LIFE INSURANCE COMPANY…

Court:United States District Court, W.D. North Carolina, Charlotte Division

Date published: May 10, 2011

Citations

3:11cv44 (W.D.N.C. May. 10, 2011)

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