District Court, N.D. Mississippi, 2021

James v. The Cleveland School District

James v. The Cleveland School District
District Court, N.D. Mississippi · Decided April 9, 2021
James v. The Cleveland School District

Trial Court Opinion

FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION OLECIA JAMES PLAINTIFF V. NO. 4:19-CV-66-DMB-RP THE CLEVELAND SCHOOL DISTRICT, et al. DEFENDANTS

ORDER On November 23, 2020, Jacqueline Thigpen and Randy Grierson each filed a separate motion to dismiss or, in the alternative, for summary judgment. Docs. #181, #183. Later that day, Thigpen and Grierson each filed a “Correction” to their respective motions, seeking only summary judgment. See Docs. #185, #187. Because the correction filings appear to supersede the original motions,1 the original motions [181][183] are DENIED as moot. See Tillery v. Cornell Wireline Servs., LLC, No. 15-CV-454, 2015 WL 13806201, at *2 (W.D. Tex. Nov. 23, 2015) (“Defendant’s earlier-filed motion to dismiss and stay is DENIED as MOOT because the arguments in this combined motion were superceded [sic] by the arguments presented in defendant's corrected motion to dismiss and stay.”) (record citation omitted).

SO ORDERED, this 9th day of April, 2021. /s/Debra M. Brown UNITED STATES DISTRICT JUDGE To avoid confusion and burdening the docket, the best course would have been for these parties to withdraw the earlier filed motions.

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