Denney v. Humana Insurance Company

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF OKLAHOMA JACQUELINE DENNEY and MARK DENNEY, Plaintiffs, V. Case No. CIV-23-120-D HUMANA INSURANCE COMPANY, Defendant.

ORDER Before the Court is Defendant’s Motion to Dismiss Plaintiffs’ Complaint [Doc. No. 10]. In response to the Motion, Plaintiffs have timely filed an amended pleading as authorized by Fed. R. Civ. P. 15(a)(1)(B). This amendment “supersedes the original and renders it of no legal effect.” Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991) (internal quotation omitted); see 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, Defendant’s Motion is moot. IT IS THEREFORE ORDERED that Defendant’s Motion to Dismiss Plaintiffs’ Complaint [Doc. No. 10] is DENIED without prejudice to resubmission, as appropriate, in response to the First Amended Complaint [Doc. No. 12]. IT IS SO ORDERED this 20" day of April, 2023.

a PF, ee Ny Q.OiPt TIMOTHY D. DeGIUSTI Chief United States District Judge