Garza et al v. Cherokee Healthcare Services

Western District of Texas, txwd-5:2019-cv-00353

Response in Opposition to Motion, filed by Cynthia Garza, re [15] MOTION to Dismiss filed by Defendant Cherokee Healthcare Services

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UNITED STATES DISTRICT COURT Western District of Texas San Antonio Division Cynthia Garza, Elsa Toscano, § Norma Bexar-Moline, Teresa § Villanueva, and San Juana Gomez, § individually and on behalf of all those § similarly situated § § Plaintiffs, § § Civil Action No: 5:19-cv-353-FB § § Jury Demanded v. § § Cherokee Healthcare Services, § § Defendant § Plaintiffs' Response to Defendant's Motion to Dismiss Cynthia Garza, Elsa Toscano, Norma Bexar-Moline, Teresa Villanueva, and San Juana Gomez ("Plaintiffs"), individually and on behalf of all others similarly situated medical coders file this response to Defendant's motion to dismiss (the "Motion"). After the Motion was filed Plaintiffs filed their First Amended Complaint. The First Amended Complaint does not refer to or incorporate Plaintiffs' earlier pleading. The First Amended Complaint makes the Motion moot as the Motion only addresses a pleading that has been superseded and is no longer the operable pleading. "An amended complaint supersedes the original complaint and renders it of no legal effect unless the amended complaint specifically refers to and adopts or incorporates by ____________________________________________________________________________________ Plaintiffs' Response to Defendant's Motion to Dismiss Page | 1 reference the earlier pleading." King v. Dogan, 31 F.3d 344, 346 (5th Cir. 1994). See also Gipson v. Deutsche Bank Nat. Trust Co., No. 3:13-CV-4820-L, 2015 WL 2069583, at *1 (N.D. Tex., May 4, 2015); Nagim v. Equifax Info. Servs., LLC, No. 09-cv-02428-PAB- KLM, 2010 WL 1960151, at *1 (D.Colo., May 14, 2010). Respectfully submitted, By: /s/ Chris R. Miltenberger Chris R. Miltenberger Texas Bar Number: 14171200 The Law Office of Chris R. Miltenberger, PLLC 1360 N. White Chapel, Suite 200 Southlake, Texas 76092-4322 817-416-5060 (office) 817-416-5062 (fax) chris@crmlawpractice.com Attorney for Plaintiffs Certificate of Service The undersigned certifies that on June 12, 2019, the foregoing document was filed electronically through the Court's CM/ECF system in compliance with the Local Rules. By: /s/ Chris R. Miltenberger Chris R. Miltenberger ____________________________________________________________________________________ Plaintiffs' Response to Defendant's Motion to Dismiss Page | 2