Opinion
CIV-21-779
09-29-2021
HANNAH NICHOLS, individually, A.N., a minor child, individually, G.N., a minor child, individually, Plaintiffs, v. JONATH GIPSON, individually, LOADTEX, INC., a foreign corporation, Defendants.
ORDER
TIMOTHY D. DEGIUSTI CHIEF UNITED STATES DISTRICT JUDGE
Before the Court is Defendants' Partial Motion to Dismiss for Failure to State a Claim [Doc. No. 6]. In response, Plaintiff has filed an Amended Complaint [Doc. No. 8] pursuant to Fed.R.Civ.P. 15(a)(1)(B). Upon consideration, the Court finds Defendant's Motion directed at Plaintiffs' original pleading is moot. See Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991) (amended complaint supersedes the original); 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).
IT IS THEREFORE ORDERED that Defendants' Partial Motion to Dismiss for Failure to State a Claim [Doc. No. 6] is DENIED as moot.
IT IS SO ORDERED.