Dawson v. D and M Carriers LLC

Filing 8

ORDER denying 5 Motion to Dismiss. Signed by Honorable Timothy D. DeGiusti on 10/27/17. (ml)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
CORTNEY DAWSON,

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Plaintiff,
vs.
D&M CARRIERS, LLC d/b/a
FREYMILLER, INC.,
Defendant.

Case No. CIV-17-1043-D

ORDER
Before the Court is Defendant’s Motion to Dismiss [Doc. No. 5], filed pursuant to
Fed. R. Civ. P. 12(b)(1) and (6). The Motion challenges the sufficiency of Plaintiff’s
original state-court pleading. In response, Plaintiff has timely filed an amended pleading
as authorized by Fed. R. Civ. P. 15(a)(1)(B). 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 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, Defendant’s Motion is moot.
IT IS THEREFORE ORDERED that Defendant’s Motion to Dismiss [Doc. No. 5]
is DENIED without prejudice to resubmission, if appropriate, in response to the Amended
Complaint.
IT IS SO ORDERED this 27th day of October, 2017.