Southern Nazarene University v. HES Facilities Management LLC

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
SOUTHERN NAZARENE
UNIVERSITY,
Plaintiff,
v.
HES FACILITIES MANAGEMENT,
LLC,
Defendant.
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Case No. CIV-25-802-D
ORDER
Before the Court is Defendant’s Motion to Dismiss [Doc. No. 6]. In response,
Plaintiff timely filed an Amended Complaint [Doc. No. 10], as authorized by F ED . R.
CIV . P. 15(a)(1)(B). Upon consideration, the Court finds that Defendant’s motion to
dismiss, directed at Plaintiff’s 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).
IT IS THEREFORE ORDERED that Defendant’s Motion to Dismiss [Doc.
No. 6] is DENIED as MOOT. Defendant may resubmit a motion to dismiss, if appropriate,
in response to the Amended Complaint [Doc. No. 10].
Case 5:25-cv-00802-D Document 13 Filed 09/02/25 Page 1 of 2

IT IS SO ORDERED this 2nd day of September, 2025.
TIMOTHY D. DeGIUSTI
Chief United States District Judge
Case 5:25-cv-00802-D Document 13 Filed 09/02/25 Page 2 of 2