IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO. 3:21-CV-00342-RJC-DSC

DENISE WHITING, ) ) Plaintiff, ) ) v. ) ORDER ) TRUIST BANK, ) ) Defendant. )

THIS MATTER is before the Court on “Defendant’s Motion to Dismiss” (document #4) and “Plaintiff’s Motion for Leave to File Amended Complaint” (document # 8). Rule 15 of the Federal Rules of Civil Procedure governs amendments to pleadings. Rule 15(a)(1) grants a party the right to “amend its pleading once as a matter of course,” if done within twenty-one days after serving the pleading, Fed. R. Civ. P. 15(a)(1)(A), or “if the pleading is one to which a responsive pleading is required,” a party may amend once as a matter of course, provided that it does so within “21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.” Fed. R. Civ. P. 15(a)(1)(B). The Rule further provides that leave to amend shall be freely given “when justice so requires.” Id. An extension of time to respond to a motion to dismiss extends the time to amend as a matter of course. See Superior Performers Inc. v. Phelps,

, *1 (M.D.N.C. May 15, 2015) quoting Hurd v. NDL, Inc.,

, at *1 (D. Md. Feb. 27, 2012) (“[Plaintiff] filed her amended complaint 31 days after the defendants filed their motion to dismiss under Rule 12(b)(6). However, because [she] requested and was granted an extension of time to file her response, the court will consider the amended complaint timely and therefore permitted as a matter of course”); Jackson v. Merscorp Inc.,

, *1 (M.D.N.C May 20, 2013) (same). Plaintiff filed her Motion for Leave to Amend on September 17, 2021, within the extended time frame for responding to Defendant’s Motion. See Text-Only Orders entered August 31, 2021 and September 9, 2021. Accordingly, the amendment is as a matter of course. For that reason, the Court grants Plaintiff's Motion for Leave to File Amended Complaint. It is well settled that an amended pleading supersedes the original pleading and that motions directed at superseded pleadings are to be denied as moot. Young v. City of Mount Ranier,

(4th Cir. 2001) (amended pleading renders original pleading of no effect); Turner v. Kight,

(D. Md. 2002) (denying as moot motion to dismiss original complaint on grounds that amended complaint superseded original complaint). IT IS THEREFORE ORDERED that: 1. “Plaintiff’s Motion for Leave to File Amended Complaint” (document # 8) is GRANTED. Plaintiff shall file her Amended Complaint within five days of this Order. 2. ‘“Defendant’s Motion to Dismiss” (document #4) is administratively DENIED as moot without prejudice. 3. The Clerk is directed to send copies of this Order to counsel for the parties and to the Honorable Robert J. Conrad, Jr.. SO ORDERED. Signed: September 20, 2021

fr AC ey David S. Cayer : United States Magistrate Judge ae