Stinnett v. Bismark Antonio Garcia

United States District Court, Oklahoma Western

Stinnett v. Bismark Antonio Garcia

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA JOHNETTA STINNETT, ) Plaintiff, Case No. CIV-21-01105-JD BISMARK ANTONIO GARCIA doing business as B Garcia Truckin; ) and JUAN INFANTE, ) Defendants. ORDER Before the Court is Defendants’ Partial Motion to Dismiss (“Motion”). [Doc. No. 7). Plaintiff then filed an Amended Complaint under Federal Rule of Civil Procedure 15(a)(2). [See Doc. No. 16; see also Doc. No. 17]. Plaintiff’s amendment “supersedes the original and renders it of no legal effect.” Davis v. TXO Prod. Corp.,

929 F.2d 1515, 1517

(10th Cir. 1991); see 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). Thus, the Motion is moot. IT IS THEREFORE ORDERED that Defendants’ Partial Motion to Dismiss [Doc. No. 7] is DENIED as moot and without prejudice. IT IS SO ORDERED this 6th day of January 2022.

pe lek forte _ UNITED STATES DISTRICT JUDGE

Reference

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