IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

LARRY HOGGATT and ) SHERYL HOGGATT, ) ) Plaintiffs, ) ) v. ) Case No. CIV-23-583-D ) STATE FARM FIRE AND ) CASUALTY COMPANY and ) DON CREEL, ) ) Defendants. )

ORDER

Before the Court is Defendant Don Creel’s (Defendant Creel) Motion to Dismiss [Doc. No. 2]. In response, Plaintiffs timely filed an Amended Complaint [Doc. No. 12], as authorized by FED. R. CIV. P. 15(a)(1)(B), and a Response to Defendant Creel’s Motion to Dismiss [Doc. No. 13]. Upon consideration, the Court finds that Defendant Creel’s Motion directed at Plaintiffs’ original pleading is moot. See Davis v. TXO Prod. Corp.,

(10th Cir. 1991) (amended complaint supersedes the original); see also Predator Int’l, Inc. v. Gamo Outdoor USA, Inc.,

(10th Cir. 2015). IT IS THEREFORE ORDERED that Defendant Creel’s Motion to Dismiss [Doc. No. 2] is DENIED without prejudice to resubmission, if appropriate, in response to the First Amended Complaint [Doc. No. 12]. IT IS SO ORDERED this 26" day of July, 2023.

Ny Q. TIMOTHY D. DeGIUSTI Chief United States District Judge

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