Sutton v. Spirit Halloween LLC ( 2019 )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION WAYNE SUTTON PLAINTIFF v. CAUSE NO. 1:19cv514-LG-RHW SPIRIT HALLOWEEN LLC, SPENCER GIFTS LLC, and FOSCORP, LLC DEFENDANTS ORDER FINDING MOOT AND DENYING WITHOUT PREJUDICE MOTION TO DISMISS BEFORE THE COURT is the [12] Motion to Dismiss filed by Defendants Spirit Halloween LLC and Spencer Gifts LLC. The Motion, filed November 25, 2019, asserts that Plaintiff Wayne Sutton’s original [1] Complaint fails to state a claim for relief under Federal Rule of Civil Procedure 12(b)(6). Plaintiff subsequently filed a first [14] Amended Complaint on December 2, 2019, as is his right. See Fed. R. Civ. P. 15(a)(1)(B) (“A part may amend its pleading once as a matter of course within . . . 21 days after service of a motion under Rule 12(b) . . . .”). Plaintiff’s Amended Complaint supersedes the original Complaint, “render[ing] it of no legal effect.” King v. Dogan, 31 F.3d 344, 346 (5th Cir. 1994). Because Defendants’ Motion to Dismiss targets the no-longer-in-effect original Complaint, the Motion to Dismiss is now moot. Ramirez v. Cty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). IT IS THEREFORE ORDERED AND ADJUDGED that the [12] Motion to Dismiss filed by Defendants Spirit Halloween LLC and Spencer Gifts LLC is MOOT and therefore DENIED without prejudice. SO ORDERED AND ADJUDGED this the 10th day of December, 2019. Louis Guirola, Jr. s/ LOUIS GUIROLA, JR. UNITED STATES DISTRICT JUDGE