Nichols v. Gipson

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA HANNAH NICHOLS, individually, ) A.N., a minor child, individually, ) G.N., a minor child, individually, ) Plaintiffs, Case No. CIV-21-779 JONATH GIPSON, individually, LOADTEX, INC., a foreign corporation, ) Defendants. ORDER Before the Court is Defendants’ Partial Motion to Dismiss for Failure to State a Claim [Doc. No. 6]. In response, Plaintiff has filed an Amended Complaint [Doc. No. 8] pursuant to Fed. R. Civ. P. 15(a)(1)(B). Upon consideration, the Court finds Defendant’s Motion directed at Plaintiffs’ original pleading is moot. See Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991) (amended complaint supersedes the original); see also 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). IT IS THEREFORE ORDERED that Defendants’ Partial Motion to Dismiss for Failure to State a Claim [Doc. No. 6] is DENIED as moot. IT IS SO ORDERED this 29" day of September, 2021.

\" Ny Ost TIMOTHY D. DeGIUSTI Chief United States District Judge