The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION - CINCINNATI
MISTY COLEMAN, : Case No. 1:22-cv-319
Plaintiff, ; Judge Matthew W. McFarland
v.
HAMILTON COUNTY BOARD OF
COUNTY COMMISSIONERS, et al.,
Defendants.
ORDER DENYING DEFENDANT HAMILTON COUNTY BOARD OF COUNTY
COMMISSIONERS’ MOTION TO DISMISS (Doc. 3) AS MOOT
This case is before the Court on Defendant Hamilton County Board of County
Commissioners’ Motion to Dismiss (Doc. 3). Generally, an amended complaint
“supersedes the original pleading, thus rendering motions to dismiss moot.” O’Malley v.
NaphCare, Inc., No. 12-cv-326, 2013 WL 1438028, at *2 (S.D. Ohio Apr. 9, 2013). Here,
Defendant filed its Motion to Dismiss (Doc. 3) prior to Plaintiff filing the Amended
Complaint (Doc. 7). As such, Defendant's motion addresses a pleading which is no longer
operative. Therefore, Defendant Hamilton County Board of County Commissioners’
Motion to Dismiss (Doc. 3) is DENIED AS MOOT.
IT IS SO ORDERED.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
□□□ Ws
By:
JUDGE MATTHEW W. McFARLAND