amended complaint supersedes the original
How later courts described this case
- amended complaint supersedes the original
Written by the judges who cited it.
The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
KYRA PRATT, )
)
Plaintiff, )
)
v. ) Case No. CIV-20-1128-D
)
POGUE-BROWN OPERATING )
COMPANY, LLC, d/b/a CHICKEN )
EXPRESS, et al., )
)
Defendants. )
O R D E R
Before the Court are Defendants Pogue-Brown Operating Company, LLC and Rick
Brown’s Motion for Partial Dismissal [Doc. No. 8] and Defendant Glenda Brown’s Motion
to Dismiss [Doc. No. 9] under Fed. R. Civ. P. 12(b)(6). Within 21 days after the Motions
were served, Plaintiff filed her First Amended Complaint [Doc. No. 11] as authorized by
Fed. R. Civ. P. 15(a)(1)(B). The Court finds that Defendant’s Motions directed at the
original Complaint are 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); Mink v. Suthers, 482
F.3d 1244, 1254 (10th Cir. 2007).
IT IS THEREFORE ORDERED that Defendants’ Motions to Dismiss [Doc. Nos. 8
and 9] are DENIED without prejudice to a new filing in response to the First Amended
Complaint.
IT IS SO ORDERED this 26" day of February, 2021.
\ b 0 Qt
TIMOTHY D. DeGIUSTI
Chief United States District Judge