Chapman v. Board of County Commissioners of Oklahoma County

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

CAIT CHAPMAN, ) ) Plaintiff, ) ) v. ) Case No. CIV-20-825-D ) BOARD OF COUNTY COMMISSIONERS ) OF OKLAHOMA COUNTY, ) JOSEPH HEDDERMAN, and ) PD TAYLOR, Sheriff of Oklahoma County, ) ) Defendants. )

ORDER

Following removal of this case from state court, Defendants Board of County Commissioners of Oklahoma County (“the Board”), Oklahoma County Sheriff PD Taylor (“Taylor”), and Joseph Hedderman (“Hedderman”) moved to dismiss Plaintiff’s Petition. [Doc. Nos. 3, 4, 9]. During the pendency of the motion, Plaintiff filed an Amended Complaint [Doc. No. 12] against Hedderman and Taylor, and a Notice of Dismissal Without Prejudice as to the Board [Doc. No. 13]. This Amended Complaint supersedes Plaintiff’s original pleading and renders it of no legal effect. See Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991); Predator Int’l, Inc. v. Gamo Outdoor USA, Inc., 793 F.3d 1177, 1180–81 (10th Cir. 2015); Mink v. Suthers, 482 F.3d 1244, 1254 (10th Cir. 2007). Thus, Defendants’ motions directed at the Petition are moot. IT IS THEREFORE ORDERED that the Board’s Motion to Dismiss [Doc. No. 3], Taylor’s Motion to Dismiss [Doc. No. 4], and Hedderman’s Motion to Dismiss [Doc. No. 9] are DENIED as moot, without prejudice to refiling a motion directed at the Amended Complaint. IT IS SO ORDERED this 21° day of September 2020.

Nd Q.Oyht TIMOTHY D. DeGIUSTI Chief United States District Judge