Walker et al v. BuildDirect.com Technologies Inc et al

Filing 20

ORDER finding as moot 14 Motion to Dismiss; finding as moot 15 Motion to Compel. Signed by Honorable Timothy D. DeGiusti on 9/20/2011. (mb, )

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

ERIC WALKER, et al,

)
)
Plaintiffs,
)
)
vs.
)
)
BUILDDIRECT.COM TECHNOLOGIES, )
INC., et al.,
)
)
Defendants.
)

Case No. CIV-11-800-D

ORDER
Before the Court are BuildDirect.com Technologies, Inc.’s Motion to Dismiss Class
Action Complaint [Doc. No. 14] and Motion to Compel Arbitration and Dismiss [Doc.
No. 15]. Both challenge the sufficiency of the Class Action Complaint to permit Plaintiffs
to proceed with a civil action in this Court. However, on September 19, 2011, Plaintiffs
timely filed their First Amended Class Action Complaint [Doc. No. 18].1 This amendment
supersedes Plaintiffs’ 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 Mink v. Suthers, 482 F.3d 1244,
1254 (10th Cir. 2007); Miller v. Glanz, 948 F.2d 1562, 1565 (10th Cir. 1991). Accordingly,
Defendant’s Motions directed at Plaintiffs’ original pleading are moot.

1

A plaintiff may amend as a matter of right within 21 days after service of a Rule 12(b) motion or
a responsive pleading. See Fed. R. Civ. P. 15(a)(1)(B).

IT IS THEREFORE ORDERED that Defendant’s Motions [Doc. Nos. 14 and 15] are
DENIED without prejudice to resubmission, if appropriate, in response to the amended
pleading.
IT IS SO ORDERED this 20th day of September, 2011.