5:25-cv-00802•Southern Nazarene University v. HES Facilities Management LLC
Southern Nazarene University v. HES Facilities Management LLC
5:25-cv-00802OkwdSep 2, 2025
Full text
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA SOUTHERN NAZARENE UNIVERSITY, Plaintiff, v. HES FACILITIES MANAGEMENT, LLC, Defendant. ) ) ) ) ) ) ) ) ) ) ) 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
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