Pratt v. Pogue-Brown Operating Company LLC

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.

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TIMOTHY D. DeGIUSTI

Chief United States District Judge