Butler v. City of Colorado Springs et al

Filing 21

MINUTE ORDER denying the Stipulated Motion to Dismiss 8 as moot, by Judge Philip A. Brimmer on 8/4/09. (pabsec)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Case No. 09-cv-01296-PAB-MEH PAMELA BUTLER, Plaintiff, v. CITY OF COLORADO SPRINGS, a body corporate and politic, and STEVEN COX, in his individual capacity, Defendants.

MINUTE ORDER Entered by Judge Philip A. Brimmer This matter is before the Court on the Motion to Dismiss [Docket No. 8]. On July 29, 2009, plaintiff filed the First Amended Complaint [Docket No. 15] as a matter of course under Fed. R. Civ. P. 15(a)(1). Thus, the First Amended Complaint became the operative pleading in this action, and the Motion to Dismiss [Docket No. 8] is directed to an inoperative, superseded pleading.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 the Motion to Dismiss [Docket No. 8] is DENIED as moot. DATED August 4, 2009.