Opinion
Civil Action 3:21-CV-00480-GCM
02-18-2022
CSX TRANSPORTATION, INC., Plaintiff, v. OLDCASTLE LAWN &GARDEN, INC., BONSAL AMERICAN, INC., OLDCASTLE BUILDING PRODUCTS INC., Defendants.
ORDER
GRAHAM C. MULLEN ., UNITED STATES DISTRICT JUDGE
THIS MATTER is before the Court on Plaintiff CSX Transportation's Motion to Dismiss Defendant Oldcastle Lawn & Garden's Counterclaim (ECF No. 31). Oldcastle Lawn & Garden subsequently filed an amended counterclaim with the consent of Plaintiff's counsel. See ECF No. 35 at 2; ECF No. 36. Because the amended counterclaim supersedes the filing that CSX Transportation sought to dismiss, CSX Transportation's motion is moot. See Young v. City of Mount Rainier, 238 F.3d 567, 573 (4th Cir. 2001) (“[A]n amended pleading supersedes the original pleading, rendering the original pleading of no effect.”).
IT IS THEREFORE ORDERED that the Motion to Dismiss (ECF No. 31) is DENIED AS MOOT.
SO ORDERED.