Nichols v. Gipson

W.D. Oklahoma

Nichols v. Gipson

DecidedSeptember 29, 2021

Docket5:21-cv-00779

StatusUnknown

This text of Nichols v. Gipson (Nichols v. Gipson) 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.

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Nichols v. Gipson, (W.D. Okla. 2021).

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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

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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

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Nichols v. Gipson, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nichols-v-gipson-okwd-2021.

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