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Dykes v. Portfolio Recovery Associates, LLC
Citations: 306 F.R.D. 529; 2015 U.S. Dist. LEXIS 57080; 2015 WL 1926227Docket: No. 1:15cv110 (JCC/MSN)
Court: District Court, E.D. Virginia; April 28, 2015; Federal District Court
Plaintiff Carolyn Dykes initiated an action on January 28, 2015, under the Fair Debt Collection Practices Act. Defendant Portfolio Recovery Associates, LLC submitted a Motion to Dismiss for Failure to State a Claim on April 10, 2015. On April 21, 2015, Dykes filed an Amended Complaint, which is permitted under Rule 15(a) of the Federal Rules of Civil Procedure. The rule allows for one amendment as a matter of course within 21 days following the service of a responsive pleading or a motion under Rule 12. Since Dykes filed her Amended Complaint within the allowed timeframe, it is considered properly before the Court. Established case law indicates that an amended pleading supersedes the original, rendering any motions directed at the original pleading moot. Consequently, the Court denied the Defendant's Motion to Dismiss as moot and canceled the scheduled hearing for May 7, 2015, directing the Clerk to notify all counsel of record.