Order Dismissing Motion to Dismiss as Moot — Norris v. Stanley

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An order dismissing a motion to dismiss as moot, entered November 8, 2021 by United States District Judge Paul L. Maloney in Jeanna Norris v. Samuel L. Stanley, Jr., et al., Case No. 1:21-cv-756, in the U.S. District Court for the Western District of Michigan, Southern Division. The order recounts that defendants moved on October 21, 2021 to dismiss the complaint under Fed. R. Civ. P. 12(b)(6) (ECF No. 50), and that the plaintiff filed an amended complaint on November 5, 2021 under Fed. R. Civ. P. 15(a)(1) (ECF No. 55). Citing Drake v. City of Detroit and Bancoult v. McNamara, the court states that an amended complaint supersedes the original and renders a pending motion to dismiss moot. It dismisses the motion (ECF No. 50) as moot. The order is ECF No. 57.

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UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF MICHIGAN 
SOUTHERN DIVISION 
 
 
JEANNA NORRIS,   
 
 
Plaintiff, 
 
v. 
 
SAMUEL L. STANLEY, JR., et al., 
 
 
Defendants. 
____________________________/ 
  
 
 
Case No. 1:21-cv-756 
 
HONORABLE PAUL L. MALONEY 
 
 
 
ORDER DISMISSING MOTION TO DISMISS AS MOOT 
 
 On October 21, 2021, Defendants filed a motion to dismiss the complaint pursuant to Fed. 
R. Civ. P. 12(b)(6) (ECF No. 50). On November 5, 2021, Plaintiff filed an amended complaint as 
a matter of course pursuant to Fed. R. Civ. P. 15(a)(1) (ECF No. 55)  When filed, an amended 
complaint supersedes the original complaint, which becomes a nullity.  See Drake v. City of 
Detroit, 266 F.App’x 444, 448 (6th Cir. 2008); Klyce v. Ramirez, 852 F.2d 568, 1988 WL 74155, 
at * 3 (6th Cir. July 19, 1998) (per curiam) (unpublished table opinion) (collecting cases from other 
circuits).  An amended complaint filed after a motion to dismiss has been filed renders the motion 
to dismiss moot.  See Bancoult v. McNamara, 214 F.R.D. 5, 13 (D.D.C. 2003) (“Because the 
original complaint now is superseded by the amended complaint, the court denies without 
prejudice all pending motions pertaining to the original complaint.”). Accordingly, the motion to 
dismiss the complaint (ECF No. 50) is DISMISSED AS MOOT. 
 
IT IS SO ORDERED. 
Date:  November 8, 2021 
 
 
 
   /s/   Paul L. Maloney                               
 
 
 
 
 
 
Paul L. Maloney 
 
 
 
 
 
 
United States District Judge 
Case 1:21-cv-00756-PLM-SJB   ECF No. 57,  PageID.1342   Filed 11/08/21   Page 1 of 1

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