# Pratt v. Pogue-Brown Operating Company LLC

> District Court, W.D. Oklahoma · February 26, 2021

URL: https://www.frixlaw.com/law-library/cases/10388692

## Case

- **Court:** District Court, W.D. Oklahoma
- **Decided:** February 26, 2021
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10388692

## Opinion text

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

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10388692. Public record. Not legal advice.