Fisher v. City of Ocean Springs

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CYNTHIA FISHER; ESTHER “FAYE” PAYTON; EDWARD WILLIAMS; MACEDONIA MISSIONARY BAPTIST CHURCH; ROBERT ZELLNER; and FRANCELIA CLAIBORNE, PLAINTIFFS v. CITY OF OCEAN SPRINGS, MISSISSIPPI, DEFENDANT

Civil Action No. 1:23-cv-265-TBM-RPM

United States District Court, S.D. Mississippi, Southern Division

December 28, 2023

ORDER

TAYLOR B. McNEEL, UNITED STATES DISTRICT JUDGE

This matter came before the Court on the Motion to Dismiss [12] filed by Defendant City of Ocean Springs on November 2, 2023 in response to the Plaintiffs' original Complaint [1] filed on October 12, 2023. Pursuant to Plaintiffs' Amended Complaint [17] filed on November 27, 2023, the Court finds that the City of Ocean Springs' Motion to Dismiss [12] is MOOT. However, the City of Ocean Springs' Motion to Dismiss [18] in response to the Plaintiffs' Amended Complaint [17] is not MOOT.

The Amended Complaint [17] renders the original complaint [1] of no legal effect because the Amended Complaint does not refer to, adopt, or incorporate by reference the original Complaint. King v. Dogan, 31 F.3d 344, 346 (5th Cir. 1994) (finding that an amended complaint supersedes the original complaint and renders it of no legal effect unless the amended complaint specifically refers to and adopts or incorporates by reference the earlier pleading.”).

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Therefore the pending Motion to Dismiss [12] is moot. See New Orleans Association of...