Opinion
5:23-cv-00296
09-14-2023
KIMBERLY FLANIGAN, Plaintiff, v. WESTROCK SERVICES, LLC, Defendant.
ORDER
[RESOLVING DOCS. 4, 13]
JAMES S. GWIN, UNITED STATES DISTRICT COURT JUDGE
On June 23, 2023, the Court granted Plaintiff Kimberly Flanigan's unopposed motion to file an amended complaint removing certain claims while leaving the remaining claims unchanged.At that time, the parties had fully briefed a motion to dismiss Flanigan's original complaint, but the Court had not yet ruled on that motion.
Doc. 12.
Docs. 4, 8, 11.
On September 8, 2023, Defendant WestRock Services, LLC filed a motion for leave to re-file its motion to dismiss.Defendant indicated that its motion to dismiss the original complaint was likely moot due to the filing of an amended complaint and sought to file a motion to dismiss the amended complaint. Defendant also attached its proposed motion to dismiss and supporting exhibits to its motion for leave to re-file.Plaintiff did not oppose leave to file a new motion.
Doc. 13.
Id.
Docs. 13-1 to -5.
Doc. 15.
Because Plaintiff does not oppose, the Court GRANTS leave to file a motion to dismiss the amended complaint. Defendant shall file its new motion and supporting attachments as a separate docket entry, with links to both Plaintiff's opposition and Defendant's reply in support of the motion to dismiss the original complaint.As the remaining claims in the amended complaint are unchanged, Defendant shall not file a new reply without leave of Court.
Doc. 16.
Doc. 11.
The motion to dismiss the original complaint is DENIED AS MOOT.
Divito v. City of Bedford Heights, No. 1:23-CV-00525, 2023 WL 4904001, at *1 (N.D. Ohio Aug. 1, 2023) (“An amended complaint supersedes all previous complaints, making pending motions related to the complaint moot.”) (cleaned up) (citations omitted).
IT IS SO ORDERED.