Opinion
CIV-21-01105-JD
01-06-2022
JOHNETTA STINNETT, Plaintiff, v. BISMARK ANTONIO GARCIA doing business as B Garcia Truckin; and JUAN INFANTE, Defendants.
ORDER
JODI W. DISHMAN UNITED STATES DISTRICT JUDGE
Before the Court is Defendants' Partial Motion to Dismiss (“Motion”). [Doc. No. 7]. Plaintiff then filed an Amended Complaint under Federal Rule of Civil Procedure 15(a)(2). [See Doc. No. 16; see also Doc. No. 17]. Plaintiff's amendment “supersedes the original and renders it of no legal effect.” Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991); see 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, the Motion is moot.
IT IS THEREFORE ORDERED that Defendants' Partial Motion to Dismiss [Doc. No. 7] is DENIED as moot and without prejudice.
IT IS ORDERED