Altstatt v. Board Of County Commissioners for Oklahoma County et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
BILLY JOE ALSTATT, as brother and 	)
Guardian of JOHNNY ALSTATT, an 	)
incapacitated person, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. CIV-22-811-D
)
BOARD OF COUNTY COMMISSIONERS 	)
FOR OKLAHOMA COUNTY; et al., 	)
)
Defendants. 	)
ORDER
On January 11, 2023, Plaintiff timely filed his Amended Complaint [Doc. No. 35]
as directed by the Court. See Order on Motion to Quash and Motion to Correct Party [Doc.
No. 34]. This amendment “supersedes the original and renders it of no legal effect.” Davis
v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991) (internal quotation omitted); 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). Accordingly, Defendants’ pending
motions to dismiss under Fed. R. Civ. P. 12(b)(6), which challenge the sufficiency of the
original Complaint, are moot.1
IT IS THEREFORE ORDERED that the Motion to Dismiss of Defendant Board
of County Commissioners of Oklahoma County [Doc. No. 12] and the Joint Motion to
1 The motions also assert defenses under Fed. R. Civ. P. 12(b)(1) and, to this extent, are
not moot. 	For clarity of the record, however, the Court declines to address only parts of the
motions and decide them piecemeal.
Case 5:22-cv-00811-D Document 37 Filed 01/13/23 Page 1 of 2

2
Dismiss of Defendants Carrie Blumert, Kevin Calvey, and Brian Maughan [Doc. No. 13]
are DENIED without prejudice to resubmission, as appropriate, in response to the
Amended Complaint.
IT IS SO ORDERED this 13 th day of January, 2023.
TIMOTHY D. DeGIUSTI
Chief United States District Judge
Case 5:22-cv-00811-D Document 37 Filed 01/13/23 Page 2 of 2