Johnson v. Tyson Foods, Inc.

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION

ROBBIE JOHNSON, an individual, ) ) Plaintiff, ) ) NO. 21-cv-01161-STA-jay vs. ) ) TYSON FOODS, INC., a corporation and ) RONDA GOOCH, HR Manager of ) Tyson Foods, ) ) Defendants. ) )

ORDER DENYING MOTION TO DISMISS AS MOOT

In light of the filing of an amended complaint by Plaintiff, Defendants’ motion to dismiss is DENIED as moot. (ECF No. 14.) See Parry v. Mohawk Motors of Mich., Inc., 236 F.3d 299, 306 (6th Cir. 2000) (holding that the amended complaint supersedes all previous complaints and becomes the operative pleading)); see also Glass v. The Kellogg Co., 252 F.R.D. 367, 368 (W.D. Mich. 2008) (“Because the original complaint has been superseded and nullified, there is no longer a live dispute about the propriety or merit of the claims asserted therein; therefore, any motion to dismiss such claims is moot.”) IT IS SO ORDERED.

s/ S. Thomas Anderson S. THOMAS ANDERSON CHIEF UNITED STATES DISTRICT JUDGE

Date: November 22, 2021