Culberson v. Weiser Services Inc ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ROBERT EARL CULBERSON, JR., _ ) Plaintiff, V. Case No. CIV-21-458-D WEISER SECURITY SERVICES, INC., et al., ) Defendants. ORDER Before the Court is Defendant’s Motion to Dismiss Complaint [Doc. No. 10] under Fed. R. Civ. P. 12(b)(6). Plaintiff has responded by filing the Amended Complaint [Doc. No. 11], as authorized by Fed. R. Civ. P. 15(a)(1)(B). The Court finds Defendant’s Motion directed at the original Complaint 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’, 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 Defendant’s Motion to Dismiss Complaint [Doc. No. 10] 1s DENIED without prejudice to a new filing, if appropriate, in response the Amended Complaint. IT IS SO ORDERED this 22™ day of June, 2021. " A. yO Oy TIMOTHY D. DeGIUSTI Chief United States District Judge