Apache Tribe of Oklahoma v. Brown et al

Filing 109

ORDER denying as moot 104 Motion to Dismiss; denying as moot 105 Motion to Dismiss; denying as moot 106 Motion to Dismiss. Signed by Honorable Timothy D. DeGiusti on 6/8/2012. (mb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
APACHE TRIBE OF OKLAHOMA,
Plaintiff,
v.
BETSY ANN BROWN, et al.,
Defendants.

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Case No. CIV-10-646-D

ORDER
Before the Court are the following motions: Defendant Foshee & Yaffe Law Firm’s Motion
to Dismiss [Doc. No. 104]; Defendants Betsy Ann Brown and Law Offices of Brown & Cullimore’s
Motion to Dismiss [Doc. No. 105]; and Defendant John H. Graves’ Motion to Dismiss [Doc.
No. 106]. All challenge the sufficiency of the original Complaint. However, on June 7, 2012,
Plaintiff timely filed its Amended Complaint [Doc. No. 108].1 This amendment 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); see also Miller v. Glanz, 948 F.2d 1562, 1565 (10th Cir. 1991).
IT IS THEREFORE ORDERED that Defendants’ Motions [Doc. Nos. 104, 105 & 106] are
DENIED as moot without prejudice to resubmission, if appropriate, in response to the Amended
Complaint.
IT IS SO ORDERED this 8th day of June, 2012.

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A plaintiff may amend as a matter of right within 21 days after service of a Rule 12(b) motion.