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)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA CORTNEY DAWSON, ) ) ) ) ) ) ) ) ) ) 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.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?