Ikechukwu Hyginius Okorie v. Tarah Chatham; Legacy Family Care Clinic, LLC

Opinion

INT THHEE S UONUITTHEDE RSNT ADTISETSR DIICSTT ROIFC MT ICSOSIUSRSITP PFIO R EASTERN DIVISION IKECHUKWU HYGINIUS OKORIE PLAINTIFF v. CIVIL ACTION NO. 2:25-cv-21-TBM-RPM TARAH CHATHAM; LEGACY FAMILY CARE CLINIC, LLC DEFENDANTS ORDER This matter comes before the Court on the Defendants’ Motion to Dismiss [41]. Pursuant to Plaintiff’s Second Amended Complaint [61] filed on December 17, 2025, the Court finds that the Defendants’ Motion to Dismiss [41] is MOOT.

Plaintiff’s Second Amended Complaint [61] renders the original Complaint [1] of no legal effect because the Second Amended Complaint [61] does not refer to, adopt, or incorporate by reference the original Complaint [1]. See King v. Dogan, 31 F.3d 344, 346 (5th Cir. 1994) (finding that an amended complaint supersedes the original complaint and renders it of no legal effect unless the amended complaint specifically refers to and adopts or incorporates by reference the earlier pleading). Therefore, the pending Motion to Dismiss [41] is moot. See New Orleans Association of Cemetery Tour Guides and Companies v. New Orleans Archdiocesan Cemeteries, 56 F.4th 1026, 1034 (5th Cir. 2023) (“Because the

first amended complaint is nullified, we cannot consider—and thus must dismiss—an appeal . . . stemming from said complaint.”). IT IS THEREFORE ORDERED AND ADJUDGED that the Defendants’ Motion to Dismiss [41]is MOOT. This, the 19th day of December, 2025. ___________________________ TAYLOR B. McNEEL UNITED STATES DISTRICT JUDGE