IN THE DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
ONE 1962 AERO TWIN COMMANDER 
500B, TAIL NO. N37CK, SERIAL NO. 500A-
1251-76,  
Defendant. 
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Case No. 3:22-cv-0041 
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ORDER 
 
Plaintiff commenced this action seeking in rem forfeiture of defendant property 
described as “one 1962 Aero Twin Commander 500B, Tail No. N37CK, Serial No. 500A-1251-
76” seized at the airport located in St. Thomas, U.S. Virgin Islands, on or about March 8, 2022. 
(ECF No. 1.) Claimant, Russell Robinson, filed motions to dismiss the complaint contending, 
inter alia, that this Court lacks subject matter jurisdiction. (ECF Nos. 9, 10.)  
On August 3, 2022, Plaintiff subsequently filed a “First Amended Verified Complaint 
for Forfeiture In Rem” on August 3, 2022. (ECF No. 19.) Because an amended pleading is the 
operative pleading and renders the original pleading a nullity, a motion to dismiss the 
original complaint becomes moot upon the filing of the amended complaint. See Coates v. 
Ford Motor Co., Case N0. 3:18-cv-0035, 2019 U.S. Dist. LEXIS 60775, *2 (D.V.I. Mar. 29, 2019) 
(“Where, as here, a defendant files a motion to dismiss and the plaintiff subsequently 
properly files an amended complaint, that subsequent pleading is operative and renders 
moot the defendant’s motion to dismiss.”) (internal quotations and brackets omitted). 
Accordingly, it is hereby 
ORDERED that Claimant Russell Robinson’s motions to dismiss, docketed at ECF Nos. 
9 and 10, are DENIED without prejudice.   
  
 
Dated: October 3, 2022 
 
s/ Robert A. Molloy _________ 
 
 
  
 
 
 
 
ROBERT A. MOLLOY 
 
 
 
 
 
 
 
Chief Judge 
Case: 3:22-cv-00041-RAM-RM   Document #: 42   Filed: 10/03/22   Page 1 of 1