Lesher v. Oklahoma City City of

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