Southern Nazarene University v. HES Facilities Management LLC

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA SOUTHERN NAZARENE ) UNIVERSITY, ) ) Plaintiff, )

) v. ) Case No. CIV-25-802-D )

HES FACILITIES MANAGEMENT, ) LLC, ) ) Defendant. )

ORDER Before the Court is Defendant’s Motion to Dismiss [Doc. No. 6]. In response, Plaintiff timely filed an Amended Complaint [Doc. No. 10], as authorized by FED. R. CIV. P. 15(a)(1)(B). Upon consideration, the Court finds that Defendant’s motion to dismiss, directed at Plaintiff’s 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). IT IS THEREFORE ORDERED that Defendant’s Motion to Dismiss [Doc. No. 6] is DENIED as MOOT. Defendant may resubmit a motion to dismiss, if appropriate, in response to the Amended Complaint [Doc. No. 10]. IT IS SO ORDERED this 2" day of September, 2025.

Ny Q.OyPt TIMOTHY D. DeGIUSTI Chief United States District Judge