Loncar et al v. Western Peak, LLC et al

Filing 52

ORDER Denying as moot 13 defendants Western Peak, LLC and JC Ventures Motion to Dismiss; Denying as moot 18 Cynthia M. Peters and Prosperity Bookeeping, Inc. Motion to Dismiss. Signed by Judge Philip A. Brimmer on 1/6/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 08-cv-01592-PAB-CBS ROBERT LONCAR, JOSEPH T. McCULLOUGH, and JAMES OTIS, JR., Plaintiffs, v. W ESTERN PEAK, LLC, a Colorado limited liability company, et al., Defendants. _____________________________________________________________________ ORDER _____________________________________________________________________ This matter is before the Court on motions to dismiss filed by defendants W estern Peak, LLC and JC Ventures [Docket No. 13] and defendants Cynthia M. Peters and Prosperity Bookeeping, Inc. [Docket No. 18]. Plaintiffs filed their First Amended Complaint [Docket No. 34] on September 20, 2008. The defendants named in the First Amended Complaint have since moved to dismiss that pleading. Thus, the motions to dismiss directed to the original pleading are moot. Therefore, it is ORDERED that the defendants' motions to dismiss [Docket Nos. 13 and 18] are DENIED as moot. DATED January 6, 2009. BY THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge