Elvig v. Nintendo of America, Inc.

Filing 82

AMENDED ORDER DENYING AS MOOT MOTION TO DISMISS: Defendant's 15 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6) and 12(b)(1) filed by Nintendo of America, Inc. is DENIED AS MOOT. Judge Marcia S. Krieger on 9/30/09. (msksec, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 08-cv-02616-MSK-MEH MOLLY ELVIG, on behalf of herself and all others similarly situated, Plaintiffs, v. NINTENDO OF AMERICA, INC., Defendant. AMENDED ORDER DENYING AS MOOT MOTION TO DISMISS THIS MATTER comes before the Court sua sponte. Pending before the Court is Defendant's Motion to Dismiss (#15) regarding certain claims asserted in the original Complaint (#1). This motion was fully briefed including a response from Plaintiff (#25) and a reply by Defendant (#27). Plaintiff subsequently, however, filed an Amended Complaint (#39). Accordingly, Defendant filed an another Motion to Dismiss (#41) regarding the claims asserted in the Amended Complaint. Therefore, the first Motion to Dismiss (#15) is superseded by the second Motion to Dismiss (#41). IT IS THEREFORE ORDERED that Defendant's Motion to Dismiss (#15) is DENIED AS MOOT. Dated this 30th day of September, 2009 BY THE COURT: Marcia S. Krieger United States District Judge 2

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