Garcia et al v. Colorado Mental Health Institute at Pueblo et al

Filing 70

MINUTE ORDER denying as moot 23 Defendant Casias's Motion to Dismiss, by Judge Philip A. Brimmer on 7/30/09.(ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Case No. 09-cv-00359-PAB-KLM BONNIE GARCIA, individually and as personal representative of the estate of Joshua Garcia, Plaintiff, v. COLORADO MENTAL HEALTH INSTITUTE AT PUEBLO, THE STATE OF COLORADO, JOHN DEQUARDO, individually, JAMES SEWELL, M.D., individually, and CORRINE MARTINEZ CASIAS, individually, Defendants.

MINUTE ORDER Entered by Judge Philip A. Brimmer This matter is before the Court on defendant Corrine Martinez Casias's Motion to Dismiss [Docket No. 23]. On July 1, 2009, plaintiff filed the Second Amended Complaint [Docket No. 55] pursuant to the Order [Docket No. 52] granting her Motion for Leave to File Second Amended Complaint [Docket No. 28]. Thus, the Second Amended Complaint became the operative pleading in this action, and the Motion to Dismiss [Docket No. 23] is directed to an inoperative, superseded pleading.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 Casias's Motion to Dismiss [Docket No. 23] is DENIED as moot. DATED July 30, 2009.