Johnson v. Amazon.Com Inc

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA NAKIA JOHNSON, ) Plaintiff, Case No. CIV-20-223-D AMAZON.COM, INC., and EBAY, INC., ) Defendants. ORDER Before the Court 1s a Motion to Dismiss Plaintiff's Complaint [Doc. No. 15], filed by Defendant Ebay, Inc. (“Ebay”) on August 7, 2020. During the pendency of the motion, Plaintiff filed an Amended Complaint [Doc. No. 19]. This Amended Complaint supersedes Plaintiff's original pleading and renders it of no legal effect. See Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991); 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, Ebay’s motion directed at the Complaint is moot. IT IS THEREFORE ORDERED that Ebay’s Motion to Dismiss Plaintiffs Complaint [Doc. No. 15] is DENIED as moot, without prejudice to refiling a motion directed at the Amended Complaint. IT IS SO ORDERED this 14" day of September 2020. Md, Q: yh dy Q: ya i, TIMOTHY D. DeGIUSTI Chief United States District Judge