Thompson v. Henke

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA LAKESIHA THOMPSON, parent and next ) friend of H.L.T., a minor, ) ) Plaintiff, ) ) Vv. ) Case No. CIV-23-00411-JD ) GREG HENKE and INDEPENDENT ) SCHOOL DISTRICT NO. 52, Oklahoma ) County, Oklahoma, also known as Mid-Del ) School District, ) ) Defendants. ) ORDER After removing this action from the District Court of Oklahoma County, Independent School District No. 52 (“District”) filed a motion to dismiss (the ““Motion’’) [Doc. No. 3] under Federal Rule of Civil Procedure 12(b)(6). Plaintiff Lakesiha Thompson timely filed an amended complaint [Doc. No. 11] under Rule 15(a)(1)(B), thereby “supersed[ing] the original and render[ing] it of no legal effect.” Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991). 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). District’s Motion to Dismiss [Doc. No. 3] 1s therefore DENIED AS MOOT. IT IS SO ORDERED this 8th day of June 2023. ei W. DISHMAN UNITED STATES DISTRICT JUDGE