In re Level 3 Communications, Inc. Securities Litigation

Filing 99

MINUTE ORDER denying as moot 74 Defendants' Motion to Dismiss. Denying as moot 77 Defendants' Motion Requesting Judicial Notice, by Judge Philip A. Brimmer on 3/23/10.(ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00200-PAB-CBS (Consolidated with Civil Action Nos. 09-cv-00215-PAB-CBS, 09-cv-00296-PAB-CBS, and 09-cv-00606-PAB-CBS) In re LEVEL 3 COMMUNICATIONS, INC. SECURITIES LITIGATION

MINUTE ORDER Entered by Judge Philip A. Brimmer This matter is before the Court on defendants' Motion to Dismiss [Docket No. 74] and defendants' Motion Requesting Judicial Notice [Docket No. 77]. On March 23, 2010, the Court granted lead plaintiff's Motion for Leave to File an Amended Consolidated Class Action Complaint [Docket No. 92]. Thus, the Amended Consolidated Class Action Complaint [Docket No. 92-2] became the operative pleading in this action, and the Motion to Dismiss [Docket No. 74] and the Motion Requesting Judicial Notice [Docket No. 77] are directed to an inoperative, superseded pleading.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 and the motion requesting judicial notice are moot. It is ORDERED that defendants' Motion to Dismiss [Docket No. 74] and defendants' Motion Requesting Judicial Notice [Docket No. 77] are DENIED as moot. DATED March 23, 2010.