CSX Transportation, Inc. v. CRH Americas, Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO. 3:21-CV-00480-GCM CSX TRANSPORTATION, INC., Plaintiff, v. ORDER OLDCASTLE LAWN & GARDEN, INC., BONSAL AMERICAN, INC., OLDCASTLE BUILDING PRODUCTS INC., Defendants.

THIS MATTER is before the Court on Plaintiff CSX Transportation’s Motion to Dismiss Defendant Oldcastle Lawn & Garden’s Counterclaim (ECF No. 31). Oldcastle Lawn & Garden subsequently filed an amended counterclaim with the consent of Plaintiff's counsel. See ECF No. at 2; ECF No. 36. Because the amended counterclaim supersedes the filing that CSX Transportation sought to dismiss, CSX Transportation’s motion is moot. See Young v. City of Mount Rainier, 238 F.3d 567, 573 (4th Cir. 2001) (“[A]n amended pleading supersedes the original pleading, rendering the original pleading of no effect.”).

IT IS THEREFORE ORDERED that the Motion to Dismiss (ECF No. 31) is DENIED AS MOOT.

SO ORDERED.

Signed: February 18, 2022 Labal Ihe Graham C. Mullen United States District Judge gt