Dane v. Commonwealth Partners LLC

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Civil Action No. 5:22-cv-00449-M DR. DARCY DANE, individually, and CAROLINA BRAIN CENTER PC, Plaintiffs, ORDER V. COMMONWEALTH PARTNERS, LLC, Defendant.

This matter comes before the court on an Amended Complaint filed as a matter of course by the Plaintiffs pursuant to Rule 15(a)(1) of the Federal Rules of Civil Procedure. DE 14.

“Ordinarily, an amended complaint supersedes those that came before it.”” Goodman v. Diggs, 986 F.3d 493, 498 (4th Cir. 2021) (citing Young v. City of Mount Ranier, 238 F.3d 567, 572 (4th Cir. 2001)). In light of Plaintiffs’ filing, Defendant’s Motion to Dismiss Pursuant to Rules 9(b) and 12(b)(6) [DE 11] is DENIED WITHOUT PREJUDICE as moot.

SO ORDERED this 30 day of December, 2022.

□□ “if. : RICHARD E. MYERS II CHIEF UNITED STATES DISTRICT JUDGE