Arnold v. Wells Fargo Bank N.A.

Filing 13

MINUTE ORDER denying without prejudice 8 Motion to Dismiss as moot due to the filing of plaintiff's amended complaint, by Judge Philip A. Brimmer on 6/10/09. (pabsec)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Case No. 09-cv-00897-PAB-BNB PETER ARNOLD, Plaintiff, v. W ELLS FARGO BANK, N.A., Defendant.

MINUTE ORDER Entered by Judge Philip A. Brimmer On May 14, 2009, defendant Wells Fargo Bank, N.A. filed a motion to dismiss [Docket No. 8] plaintiff's complaint [Docket No. 2]. On June 3, 2009, plaintiff filed an amended complaint [Docket No. 12]. Thus, as of June 3, 2009, the operative pleading is the amended complaint. Defendant's motion to dismiss is therefore directed at an inoperative, superseded pleading.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. Therefore, it is ORDERED that defendant's motion to dismiss [Docket No. 8] is DENIED without prejudice as moot. DATED June 10, 2009.