Creech v. City of Wilson, North Carolina
| Charles W. Creech, Jr. |
| City of Wilson, North Carolina |
| 5:2019cv00070 |
| February 27, 2019 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. ยง 12101 |
| Plaintiff |
Docket Report
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| Document Text |
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TEXT ORDER. This matter comes now before the court upon defendants motion to dismiss. #8 . As a general rule, an amended pleading ordinarily supersedes the original and renders it of no legal effect. Young v. City of Mount Ranier, 238 F.3d 567, 573 (4th Cir. 2001) (internal quotations omitted); see also 6 Charles Alan Wright, et al., Fed. Prac. & Proc. 1476 (3d ed. 1998) (A pleading that has been amended under Rule 15(a) supersedes the pleading it modifies and remains in effect throughout the action unless it subsequently is modified.... Once an amended pleading is interposed, the original pleading no longer performs any function in the case). Where plaintiff amended his complaint as of right after defendant filed the instant motion, said motion, #8 , is DENIED as MOOT. Signed by District Judge Louise Wood Flanagan on 4/19/2019. (Collins, S.)
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| Filing 11 RESPONSE in Opposition regarding #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Charles W. Creech, Jr. (Brooks, Brennan) |
| Filing 10 AMENDED COMPLAINT and Jury Demand against City of Wilson, North Carolina, filed by Charles W. Creech, Jr. (Brooks, Brennan) |
| Filing 9 Memorandum in Support regarding #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Wilson, North Carolina. (Du Sablon, Gabriel) |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Wilson, North Carolina. (Du Sablon, Gabriel) |
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TEXT ORDER - Where defendant has filed a motion to dismiss, good cause appears to delay the parties' scheduling conference activities, and deadline for provision of their joint report and plan, where ordinarily at this juncture the court would trigger these activities in preface to its entry of a case management order through issuance of initial order regarding planning and scheduling. Unless a party raises objection to a stay of these activities, pending completion of briefing on the motion now at issue, and decision thereon by this court, in filing due within 14 days from date of entry of this order, the court will stay that aspect of the case so as to promote focus on the issues raised in defendant's motion. Signed by District Judge Louise Wood Flanagan on 3/27/2019. (Collins, S.)
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| Filing 7 Financial Disclosure Statement by City of Wilson, North Carolina (Du Sablon, Gabriel) |
| Filing 6 Notice of Appearance filed by James P. Cauley, III on behalf of City of Wilson, North Carolina. (Cauley, James) |
| Filing 5 Notice of Appearance filed by Gabriel Du Sablon on behalf of City of Wilson, North Carolina. (Du Sablon, Gabriel) |
| Filing 4 Summons Issued as to City of Wilson, North Carolina. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) |
| Filing 3 Notice of Appearance filed by Brennan Tyler Brooks on behalf of Charles W. Creech, Jr. (Brooks, Brennan) |
| Filing 2 Financial Disclosure Statement by Charles W. Creech, Jr (Brooks, Brennan) |
| Filing 1 COMPLAINT and Jury Demand against City of Wilson, North Carolina ( Filing fee $ 400 receipt number 0417-4848663.), filed by Charles W. Creech, Jr. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Brooks, Brennan) |
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| Plaintiff: Charles W. Creech, Jr. | |
| Represented By: | Brennan Tyler Brooks |
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| Defendant: City of Wilson, North Carolina | |
| Represented By: | James P. Cauley, III |
| Represented By: | Gabriel Du Sablon |
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