Coleman v. Hamilton County Board of County Commissioners
This text of Coleman v. Hamilton County Board of County Commissioners (Coleman v. Hamilton County Board of County Commissioners) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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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Coleman v. Hamilton County Board of County Commissioners, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coleman-v-hamilton-county-board-of-county-commissioners-ohsd-2023.