The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
(1) MIRANDA KNIGHT-BROWN, and )
(2) JUSTIN LEN BROWN, )
)
Plaintiffs, )
)
v. )
)
(1) UNITED STATES OF AMERICA, ) Case No. CIV-19-00093-JWD
(2) UNITED STATES DEPARTMENT OF )
HEALTH AND HUMAN SERVICES, )
(3) CHOCTAW NATION HEALTHCARE )
SERVICES AUTHORITY, )
(4) JASON HILL, )
(5) WILLIAM HAYES, )
(6) DALE BAUGHMAN, and )
(7) JOHN DOES 1-30, )
)
Defendants. )
ORDER
Before the Court are Defendants the United States of America’s Motion to
Dismiss [Doc. No. 53], William Hayes’s and Jason Hill’s Motion to Dismiss [Doc. No.
54], and Dale Baughman’s Motion to Dismiss [Doc. No. 63] (collectively, “Motions”),
all directed at Plaintiffs’ First Amended Complaint. [Doc. No. 51].
Plaintiffs have filed a Second Amended Complaint. [Doc. No. 77]. Plaintiffs’
Second Amended Complaint “supersedes the [complaints before it] and renders [them] 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). Accordingly, the Motions
are now moot.
IT IS THEREFORE ORDERED that the Motions to Dismiss [Doc. Nos. 53, 54,
63] are DENIED as moot and without prejudice.
IT IS SO ORDERED this 17th day of February 2022.
a W. DISHMAN
UNITED STATES DISTRICT JUDGE