McGee v. Erie Insurance Company (2018)

Citation: McGee v. Erie Insurance Company (2018)
Parent Document: McGee v. Erie Insurance Company (2018)
Jurisdiction: United States (federal)
Effective Date: 2018-09-28
Original Source: https://www.courtlistener.com/opinion/4539614/mcgee-v-erie-insurance-company/ ↗

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  Even though the Church moved for summary judgment before Ms. McGee’s Second Amended
Complaint, it is not moot (except for the First Amended Complaint’s sixth claim, which she has
now dropped). An amended complaint supersedes prior ones. But it only moots pending
motions for summary judgment if judgment is sought on claims that the operative complaint no
longer contains. Pinson v. Dep’t. of Justice, 69 F. Supp. 3d 108, 111-12 (D.D.C. 2014) (denying
motions for summary judgment as moot when addressed to extinct claims, but granting a motion
for summary judgment that addressed a live claim); see also Daniels v. United States, 947 F.
Supp. 2d 11, 15 (D.D.C. 2013) (denying a motion to dismiss but merely staying a pending
motion for summary judgment after the plaintiff filed an amended complaint).
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        First, she argues that the waiver does not apply to the sewer line, because the entire Lease

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