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MOONEY v. CATO CORPORATION

United States District Court, W.D. North Carolina, Asheville Division
Aug 20, 2007
1:07cv76 (W.D.N.C. Aug. 20, 2007)

Opinion

1:07cv76.

August 20, 2007


ORDER


THIS MATTER is before the court on defendant's Motion to Dismiss (#5), plaintiff's Response (#6), and plaintiff's Amended Complaint. Even though defendant moved to dismiss, it did not Answer, leaving the door open to plaintiff to amend her Complaint. As a matter of law, defendant's Motion to Dismiss is mooted by the filing of the Amended Complaint. Taylor v. Abate, 1995 WL 362488, *2 (E.D.N.Y. 1995) ("Defendants' motion to dismiss is addressed solely to the original complaint. . . . Consequently, upon the filing of the amended complaint, their motion is mooted and, therefore, denied."); In re Colonial Ltd. Partnership Litig., 854 F.Supp. 64, 80 (D.Conn. 1994) (noting where "a plaintiff amends its complaint while a motion to dismiss is pending" the court may "deny the motion as moot"); Rathke v. HCA Management Co., Inc., 1989 WL 161431, at *1 n. 1 (D.Kan. 1989) (holding that "motion to dismiss . . . became moot when plaintiff filed an amended complaint"); Gresham v. Waffle House, Inc., 586 F.Supp. 1442, 1444 n. 1 (N.D.Ga. 1984) (same).

Due to the limits of ECF, copies of unpublished decisions cited in this Order are incorporated into the court record through reference to the Westlaw citation.

ORDER

IT IS, THEREFORE, ORDERED that defendant's Motion to Dismiss (#5) is DENIED without prejudice as moot.


Summaries of

MOONEY v. CATO CORPORATION

United States District Court, W.D. North Carolina, Asheville Division
Aug 20, 2007
1:07cv76 (W.D.N.C. Aug. 20, 2007)
Case details for

MOONEY v. CATO CORPORATION

Case Details

Full title:KATRIN MOONEY, Plaintiff, v. THE CATO CORPORATION, Defendant

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

Date published: Aug 20, 2007

Citations

1:07cv76 (W.D.N.C. Aug. 20, 2007)

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