IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
(1) MIRANDA KNIGHT-BROWN, and )
(2) JUSTIN LEN BROWN, )
)
Plaintiffs, )
)
v. )
)
(1) UNITED STATES OF AMERICA, ) Case No. CIV-19-00093-JWD
(2) UNITED STATES DEPARTMENT OF )
HEALTH AND HUMAN SERVICES, )
(3) CHOCTAW NATION HEALTHCARE )
SERVICES AUTHORITY, )
(4) JASON HILL, )
(5) WILLIAM HAYES, )
(6) DALE BAUGHMAN, and )
(7) JOHN DOES 1-30, )
)
Defendants. )
ORDER
Before the Court are Defendants the United States of America’s Motion to
Dismiss [Doc. No. 53], William Hayes’s and Jason Hill’s Motion to Dismiss [Doc. No.
54], and Dale Baughman’s Motion to Dismiss [Doc. No. 63] (collectively, “Motions”),
all directed at Plaintiffs’ First Amended Complaint. [Doc. No. 51].
Plaintiffs have filed a Second Amended Complaint. [Doc. No. 77]. Plaintiffs’
Second Amended Complaint “supersedes the [complaints before it] and renders [them] 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). Accordingly, the Motions
are now moot.
IT IS THEREFORE ORDERED that the Motions to Dismiss [Doc. Nos. 53, 54,
63] are DENIED as moot and without prejudice.
IT IS SO ORDERED this 17th day of February 2022.
a W. DISHMAN
UNITED STATES DISTRICT JUDGE
Not legal advice. These patterns come from public court records, not ratings of judges as people. They may reflect the types of cases a judge handles, local procedures or other factors, and they do not account for the facts of any individual case. Past patterns do not predict future rulings. Records can be incomplete, months behind current activity, or matched to the wrong person; sealed and confidential cases are not included. Use this as one piece of information, never the sole basis for legal strategy or a recusal motion. Full disclaimer: https://judgefinder.io/legal/disclaimer Read the full disclaimer.