Lassiter v. Oklahoma City City of

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

JEFFERY EARLE LASSITER, ) ) Plaintiff, ) ) v. ) Case No. CIV-23-00621-JD ) CITY OF OKLAHOMA CITY, a ) political subdivision of the State of ) Oklahoma, ) ) Defendant. )

ORDER Before the Court is the Motion to Dismiss filed by Defendants City of Oklahoma City and Oklahoma City Police Department (“Motion”). [Doc. No. 10]. The Motion seeks to dismiss Plaintiff’s claims against Defendant Oklahoma City Police Department in Plaintiff’s Complaint [Doc. No. 1]. In response to the Motion and following the parties’ conference [see Doc. No. 12], Plaintiff filed a First Amended Complaint [Doc. No. 13] under Federal Rule of Civil Procedure 15(a)(2), which eliminates Oklahoma City Police Department as a defendant. Plaintiff’s amendment “supersedes the original [complaint] and renders it of no legal effect.” Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991); 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, the Motion is now moot. IT IS THEREFORE ORDERED that the Motion to Dismiss [Doc. No. 10] is DENIED as moot and without prejudice. IT IS SO ORDERED this 23rd day of February 2024. ei W. DISHMAN UNITED STATES DISTRICT JUDGE