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; and ) CHRYSTAL JENKINS, parent and next ) friend of P.J., a minor, ) ) Plaintiffs, ) ) v. ) 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 Defendant Independent School District No. 52 (“District”) filed a motion to dismiss Plaintiff’s first amended complaint [Doc. No. 22] under Federal Rule of Civil Procedure 12(b)(6). With the Court’s leave, Plaintiff Lakesiha Thompson filed a second amended complaint [Doc. No. 33] under Rule 15(a)(2), which added Plaintiff Chrystal Jenkins, and “supersedes the [first amended complaint] and renders 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). Consequently, the Court DENIES the District’s Motion to Dismiss [Doc. No. 22] as moot and without prejudice. IT IS SO ORDERED this 16th day of November 2023. W. DISHMAN UNITED STATES DISTRICT JUDGE