Davis v. Aurora, City of et al

Filing 112

MINUTE ORDER: In light of the filing of the Second Amended Complaint 111 , defendant Ainsworth's Motion to Dismiss 68 is DENIED as moot, by Judge Philip A. Brimmer on 8/27/10. (pabsec)

-MJW Davis v. Aurora, City of et al

Doc. 112

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 08-cv-02107-PAB-MJW JOHN DAVIS, Plaintiff, v. CITY OF AURORA, et al., Defendants.

MINUTE ORDER Entered by Judge Philip A. Brimmer This matter is before the Court on defendant Donald Ainsworth's Motion to Dismiss [Docket No. 68]. On August 24, 2010, plaintiff filed the Second Amended Complaint [Docket No. 111] pursuant to the Minute Order [Docket No. 110] granting plaintiff's Motion for Leave to Amend Plaintiff's First Amended Complaint [Docket No. 95]. Thus, the Second Amended Complaint became the operative pleading in this action, and the Motion to Dismiss [Docket No. 68] is directed to an inoperative, superseded pleading. See, e.g., Gilles v. United States, 906 F.2d 1386, 1389 (10th Cir. 1990) ("a pleading that has been amended under Rule 15(a) supersedes the pleading it modifies") (internal quotation marks omitted). As such, the motion to dismiss is moot. It is ORDERED that defendant Ainsworth's Motion to Dismiss [Docket No. 68] is DENIED as moot. DATED August 27, 2010.

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