Opinion

Pratt v. Pogue-Brown Operating Company LLC

Court
District Court, W.D. Oklahoma
Filed
Feb 26, 2021
Cited by
0 cases
Authority
More cited than 28.6%

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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