Opinion
7:23-CV-00089 (WLS)
11-22-2023
DR. LANA FOSTER, Plaintiff, v. ECHOLS COUNTY SCHOOL DISTRICT, et al., Defendants.
ORDER
W. LOUIS SANDS, SR. JUDGE
Before the Court is Defendants' Motion to Dismiss for Failure to State a Claim (“Motion to Dismiss”) (Doc. 18). Therein, Defendants ask the Court to dismiss Plaintiff s first Complaint (Doc. 1). Defendant filed their Motion to Dismiss (Doc. 18) on October 17, 2023. Plaintiff, however, filed an Amended Complaint (Doc. 22) on November 21, 2023.
An amended complaint supersedes and replaces the original complaint unless the amended complaint specifically refers to or adopts the earlier pleading. Varnes v. Local91, Glass Bottle B/owers Ass'n, 674 F.2d 1365, 1370 n. 6 (11th Cir. 1982). Here, Plaintiff submits that her Amended Complaint supersedes her original pleading. (See Doc. 23 at 3). Plaintiffs first Complaint (Doc. 1), therefore, is no longer the operative complaint in the instant case, and, as a result, Defendants' Motion to Dismiss that Complaint is moot. Accordingly, the Court DENIES-AS-MOOT Defendant's Motion to Dismiss for Failure to State a Claim (Doc. 18).
SO ORDERED.