Predator International, Inc. v. Gamo Outdoor USA, Inc.

Filing 83

MINUTE ORDER Denying as moot 20 defendant Gamo Outdoor USA, Inc.,s Motion to Dismiss, Fourth, Fifth and Sixth Claims. by Judge Philip A. Brimmer on 11/6/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 09-cv-00970-PAB-KMT PREDATOR INTERNATIONAL, INC., a Colorado corporation, Plaintiff, v. GAMO OUTDOOR USA, INC., a Florida corporation, and INDUSTRIAS EL GAMO, S.A., a Spanish corporation, Defendants.

MINUTE ORDER Entered by Judge Philip A. Brimmer This matter is before the Court on defendant Gamo Outdoor USA, Inc.,'s Motion to Dismiss Fourth, Fifth and Sixth Claims [Docket No. 20]. On October 20, 2009, plaintiff filed the Second Amended Complaint [Docket No. 73] pursuant to the Order [Docket No. 72] granting plaintiff's Motion to File Second Amended Complaint [Docket No. 62]. Thus, the Second Amended Complaint became the operative pleading in this action, and the Motion to Dismiss [Docket No. 20] is directed to an inoperative, superseded pleading.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 Gamo Outdoor USA, Inc.,'s Motion to Dismiss Fourth, Fifth and Sixth Claims [Docket No. 20] is DENIED as moot. DATED November 6, 2009.