Opinion

Benne

Court
District Court, W.D. Oklahoma
Filed
Jul 14, 2026
Cited by
0 cases
Authority
More cited than 42.0%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF OKLAHOMA

KRISTIN BENNE, as next of kin and )

Personal Representative of the Estate of )

CHRISTOPHER KLIEWER, Deceased, )

)

Plaintiff, )

)

V. ) Case No. CIV-26-1401-D

)

OKLAHOMA COUNTY CRIMINAL )

JUSTICE AUTHORITY; and BOARD _ )

OF COUNTY COMMISSIONERS )

FOR OKLAHOMA COUNTY, )

)

Defendants. )

ORDER

Before the Court are Defendants’ Motions to Dismiss [Doc. Nos. 3, 5]. In response,

Plaintiff timely filed an Amended Complaint [Doc. No. 8], as authorized by Fed. R. Civ.

P. 15(a)(1)(B). Upon consideration, the Court finds that Defendants’ motions to dismiss,

directed at Plaintiffs original pleading, 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).

IT IS THEREFORE ORDERED that Defendants’ Motions to Dismiss [Doc.

Nos. 3, 5] are DENIED as MOOT. Defendants may resubmit motions to dismiss, if

appropriate, in response to the Amended Complaint [Doc. No. 8].

IT IS SO ORDERED this 14" day of July, 2026.

TIMOTHY D: DeGIUSTI

TINITED STATES DISTRICT TTIDGE

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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