Merle Kitchen and Laura Kitchen v. State Farm Fire and Casualty Company and Dusty Treat Agency, LLC.

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF OKLAHOMA MERLE KITCHEN and LAURA ) KITCHEN, ) ) Plaintiffs, ) V. ) Case No. CIV-25-1385-R ) STATE FARM FIRE AND ) CASUALTY COMPANY and DUSTY _) TREAT AGENCY, LLC., ) ) Defendants. ) ORDER Before the Court is Defendant State Farm Fire and Casualty Company’s Motion to Dismiss Plaintiffs’ Petition [Doc. No. 6]. During the pendency of the Motion, Plaintiffs filed an Amended Complaint [Doc. No. 9]. This Amended Complaint “supersedes the original and renders it of no legal effect.” Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991) (internal quotation omitted). Defendant’s Motion to Dismiss [Doc. No. 6] is therefore DENIED without prejudice to resubmission, 1f appropriate. IT IS SO ORDERED this 24" day of December, 2025.

DAVID L. RUSSELL UNITED STATES DISTRICT JUDGE