Pendergraft v. Board of Regents of Oklahoma Colleges, CIV-18-793-D. (2018)
Court: District Court, W.D. Oklahoma
Number: infdco20181102k82
Visitors: 10
Filed: Nov. 01, 2018
Latest Update: Nov. 01, 2018
Summary: ORDER TIMOTHY D. DeGIUSTI , District Judge . Defendants moved to dismiss Plaintiff's Complaint on September 18, 2018. [Doc. No. 10] and [Doc. No. 12]. During the pendency of the motions, Plaintiff timely filed an Amended Complaint [Doc. No. 17] as authorized by Fed. R. Civ. P. 15(a)(1)(B). This Amended Complaint supersedes Plaintiff's original pleading and renders it of no legal effect. See Davis v. TXO Prod. Corp., 929 F.2d 1515 , 1517 (10 th Cir. 1991); Predator Int'l, Inc. v. Gamo
Summary: ORDER TIMOTHY D. DeGIUSTI , District Judge . Defendants moved to dismiss Plaintiff's Complaint on September 18, 2018. [Doc. No. 10] and [Doc. No. 12]. During the pendency of the motions, Plaintiff timely filed an Amended Complaint [Doc. No. 17] as authorized by Fed. R. Civ. P. 15(a)(1)(B). This Amended Complaint supersedes Plaintiff's original pleading and renders it of no legal effect. See Davis v. TXO Prod. Corp., 929 F.2d 1515 , 1517 (10 th Cir. 1991); Predator Int'l, Inc. v. Gamo O..
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ORDER
TIMOTHY D. DeGIUSTI, District Judge.
Defendants moved to dismiss Plaintiff's Complaint on September 18, 2018. [Doc. No. 10] and [Doc. No. 12]. During the pendency of the motions, Plaintiff timely filed an Amended Complaint [Doc. No. 17] as authorized by Fed. R. Civ. P. 15(a)(1)(B). This Amended Complaint supersedes Plaintiff's original pleading and renders it of no legal effect. See Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991); Predator Int'l, Inc. v. Gamo Outdoor USA, Inc., 793 F.3d 1177, 1180-1181 (10th Cir. 2015); Mink v. Suthers, 482 F.3d 1244, 1254 (10th Cir. 2007). Thus, Defendants' motions directed at the Complaint are moot.
IT IS THEREFORE ORDERED that Defendants David Misak and Todd Thurman's Motion to Dismiss [Doc. No. 10] and Defendant Board of Regents of Oklahoma Colleges' Motion to Dismiss [Doc. No. 12] are DENIED as moot.
IT IS SO OREDERED.
Source: Leagle
