Costen v. City and County of Denver et al

Filing 23

ORDER. Defendants Partial Motion To Dismiss 11 filed 08/25/2009, isDENIED WITHOUT PREJUDICE as moot. Defendants Partial Motion To Dismiss 12 filed 08/25/2009, is DENIED WITHOUT PREJUDICE as moot. By Judge Robert E. Blackburn on 09/14/2009.(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-01797-REB-KMT RUSSELL COSTEN, Plaintiff, v. CITY AND COUNTY OF DENVER, DENVER POLICE DEPARTMENT, SONDRA COWANS, in her official and individual capacities, JEREMY OLIVE, in his official and individual capacities, and BRIAN NIVEN, in his official and individual capacities, Defendants. ORDER DENYING WITHOUT PREJUDICE AS MOOT DEFENDANTS' PARTIAL MOTION TO DISMISS Blackburn, J. The matters before me are (1) Defendants' Partial Motion To Dismiss [#11], filed August 25, 2009; and (2) Defendants' Partial Motion To Dismiss [#12] filed August 25, 2009.1 Plaintiff filed a response to the motion, but the time for filing of a reply has not yet elapsed. Nevertheless, on September 12, 2009, plaintiff sought leave to amend his complaint, and defendants did not object to that request. (See Motion To Amend Complaint and Jury Demand [#19], filed September 12, 2009.) Accordingly, the magistrate judge granted the motion to amend, and the second amended complaint has been accepted for filing. (See Minute Order [#22], filed September 12, 2009.) The filing of an amended complaint moots a motion to dismiss directed at the superceded complaint. See Griggs v. Jornayvaz, 2009 WL 1464408 at *1 (D. Colo. May 22, 2009); It is unclear why defendants filed two motions, as they appear to be in all respects identical to one another. 1 United States ex rel. Babb v. Northrop Grumman Corp., 2007 WL 1793795 at *1 (D. Colo. June 19, 2007). THEREFORE, IT IS ORDERED as follows: 1. That Defendants' Partial Motion To Dismiss [#11] filed August 25, 2009, is DENIED WITHOUT PREJUDICE as moot; and 2. That Defendants' Partial Motion To Dismiss [#12] filed August 25, 2009, is DENIED WITHOUT PREJUDICE as moot. Dated September 14, 2009, at Denver, Colorado. BY THE COURT: 2

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