Lesher v. Oklahoma City City of
This text of Lesher v. Oklahoma City City of (Lesher v. Oklahoma City City of) is published on Counsel Stack Legal Research, covering District Court, W.D. Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA DAVID LESHER, ) Plaintiff, ) Case No. CIV-24-00651-JD CITY OF OKLAHOMA CITY, Defendant. ORDER Before the Court is the Motion to Dismiss filed by Defendant City of Oklahoma City (“Motion”). [Doc. No. 11]. The Motion challenges the sufficiency of Plaintiffs claims in his original Complaint [Doc. No. 1]. In response to the Motion, Plaintiff timely filed an Amended Complaint under Federal Rule of Civil Procedure 15(a)(1)(B). See [Doc. No. 13]. Plaintiff's amendment “supersedes the original 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 moot. IT IS THEREFORE ORDERED that the Motion to Dismiss [Doc. No. 11] is DENIED as moot and without prejudice. IT IS SO ORDERED this 11th day of October 2024.
UNITED STATES DISTRICT JUDGE
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