Ware v. Denver Health
Filing
24
ORDER denying as moot 8 Defendants Motion To Dismiss. By Judge Robert E. Blackburn on 07/27/2009.(sah, )
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 09-cv-01103-REB-BNB KENNETH WARE, Plaintiff, v. DENVER HEALTH, d/b/a DENVER CARES, Defendant. ORDER DENYING MOTION TO DISMISS AS MOOT Blackburn, J. The matter before me is Defendant's Motion To Dismiss [#8] filed June 16, 2009. After the motion was filed, plaintiff sought and was granted leave to file an amended complaint. (See Motion for Leave To Filed Amended Complaint [#9] filed June 30, 2009; Minute Order [#20] entered July 10, 2009.) The filing of the Amended Complaint [#21] on July 10, 2009, moots consideration of the motion to dismiss the now-superseded pleading, and, indeed, defendant now has moved to dismiss the Amended Complaint. (See Denver Health's Motion To Dismiss as to Amended Complaint [#23] filed July 20, 2009.) THEREFORE IT IS ORDERED that Defendant's Motion To Dismiss [#8] filed June 16, 2009, is DENIED AS MOOT. Dated July 27, 2009, at Denver, Colorado. BY THE COURT:
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