Calcano v. Cole Haan LLC
- Analisa Torres
- 1:19-cv-10440
- U.S. District Court · Southern District of New York
- 1
In Calcano v. Cole Haan, Judge Torres denied as moot Cole Haan’s motion to dismiss after Calcano filed an amended complaint.
Marcos Calcano and Cole Haan LLC; the order ended the pending motion directed at the original complaint but did not decide the amended complaint.
What happened
Calcano v. Cole Haan LLC concerns a motion by Cole Haan LLC to dismiss Marcos Calcano’s original complaint for failure to state a claim.
While that motion was pending, Calcano filed an amended complaint. The amended complaint replaced the original complaint, so the motion directed at the original complaint was no longer effective.
Judge Analisa Torres denied the motion to dismiss as moot and directed the Clerk of Court to terminate the motion from the docket. The order did not decide whether the amended complaint stated a claim.
The detailed version
- Calcano v. Cole Haan LLC · No. 1:19-cv-10440
- Analisa Torres
- Mar. 31, 2020
Background
On March 13, 2020, Cole Haan LLC moved to dismiss the original complaint for failure to state a claim. On March 27, 2020, Marcos Calcano filed an amended complaint under Rule 15(a)(1)(B) of the Federal Rules of Civil Procedure, which permits a party to amend a pleading without first obtaining the court’s permission in specified circumstances.
Court’s Analysis
Because the amended complaint superseded the original complaint, the court held that the motion to dismiss the original complaint had become moot. In this context, “moot” means that the motion no longer presented a live issue for the court to decide because it addressed a pleading that was no longer operative.
Ruling
Judge Analisa Torres denied Cole Haan LLC’s motion to dismiss the original complaint as moot. The Clerk of Court was directed to terminate the motion at ECF No. 28. The order did not rule on the sufficiency of the amended complaint or otherwise decide the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.