Coleman v. Hamilton County Board of County Commissioners

S.D. Ohio

Coleman v. Hamilton County Board of County Commissioners

District Court, S.D. Ohio·Decided March 1, 2023·No. 1:22-cv-00319·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION - CINCINNATI MISTY COLEMAN, : Case No. 1:22-cv-319 Plaintiff, ; Judge Matthew W. McFarland v. HAMILTON COUNTY BOARD OF COUNTY COMMISSIONERS, et al., Defendants.

ORDER DENYING DEFENDANT HAMILTON COUNTY BOARD OF COUNTY COMMISSIONERS’ MOTION TO DISMISS (Doc. 3) AS MOOT

This case is before the Court on Defendant Hamilton County Board of County Commissioners’ Motion to Dismiss (Doc. 3). Generally, an amended complaint “supersedes the original pleading, thus rendering motions to dismiss moot.” O’Malley v. NaphCare, Inc., No. 12-cv-326, 2013 WL 1438028, at *2 (S.D. Ohio Apr. 9, 2013). Here, Defendant filed its Motion to Dismiss (Doc. 3) prior to Plaintiff filing the Amended Complaint (Doc. 7). As such, Defendant's motion addresses a pleading which is no longer operative. Therefore, Defendant Hamilton County Board of County Commissioners’ Motion to Dismiss (Doc. 3) is DENIED AS MOOT.

IT IS SO ORDERED.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO □□□ Ws By: JUDGE MATTHEW W. McFARLAND

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION - CINCINNATI MISTY COLEMAN, : Case No. 1:22-cv-319 Plaintiff, ; Judge Matthew W. McFarland v. HAMILTON COUNTY BOARD OF COUNTY COMMISSIONERS, et al., Defendants.

ORDER DENYING DEFENDANT HAMILTON COUNTY BOARD OF COUNTY COMMISSIONERS’ MOTION TO DISMISS (Doc. 3) AS MOOT

This case is before the Court on Defendant Hamilton County Board of County Commissioners’ Motion to Dismiss (Doc. 3). Generally, an amended complaint “supersedes the original pleading, thus rendering motions to dismiss moot.” O’Malley v. NaphCare, Inc., No. 12-cv-326, 2013 WL 1438028, at *2 (S.D. Ohio Apr. 9, 2013). Here, Defendant filed its Motion to Dismiss (Doc. 3) prior to Plaintiff filing the Amended Complaint (Doc. 7). As such, Defendant's motion addresses a pleading which is no longer operative. Therefore, Defendant Hamilton County Board of County Commissioners’ Motion to Dismiss (Doc. 3) is DENIED AS MOOT.

IT IS SO ORDERED.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO □□□ Ws By: JUDGE MATTHEW W. McFARLAND

Coleman v. Hamilton County Board of County Commissioners, (S.D. Ohio 2023).

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