Croston v. Department of Veterans Affairs

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA SARAH CROSTON, ) Plaintiff, vs. Case No. CIV-24-00633-JD DEPARTMENT OF VETERANS AFFAIRS, ex re/ State of Oklahoma; ) and SARAH BRESHEARS, in her ) individual capacity, ) Defendants. ORDER After this action was removed from the District Court of Oklahoma County, Defendants Department of Veterans Affairs and Sarah Breshears (“Defendants”) filed their motions to dismiss (“Motions”) [Doc. Nos. 5, 6] under Federal Rule of Civil Procedure 12(b)(6). Plaintiff Sarah Croston timely filed an amended complaint [Doc. No. 8] under Rule 15(a)(1)(B), thereby “supersed[ing] the original and render[ing] it of no legal effect.” Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991). See also 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). Defendants’ Motions to Dismiss [Doc. Nos. 5, 6] are therefore DENIED AS MOOT. IT IS SO ORDERED this 9th day of July 2024.

UNITED STATES DISTRICT JUDGE