Opinion
CIV-23-00411-JD
11-16-2023
LAKESIHA THOMPSON, parent and next friend of H.L.T., a minor; and CHRYSTAL JENKINS, parent and next friend of P.J., a minor, Plaintiffs, v. GREG HENKE; and INDEPENDENT SCHOOL DISTRICT NO. 52, Oklahoma County, Oklahoma, also known as Mid-Del School District, Defendants.
ORDER
JODI W. DISHMAN UNITED STATES DISTRICT JUDGE
Defendant Independent School District No. 52 (“District”) filed a motion to dismiss Plaintiff's first amended complaint [Doc. No. 22] under Federal Rule of Civil Procedure 12(b)(6).
With the Court's leave, Plaintiff Lakesiha Thompson filed a second amended complaint [Doc. No. 33] under Rule 15(a)(2), which added Plaintiff Chrystal Jenkins, and “supersedes the [first amended complaint] and renders it of no legal effect.” 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).
Consequently, the Court DENIES the District's Motion to Dismiss [Doc. No. 22] as moot and without prejudice.
IT IS SO ORDERED