General Steel Domestic Sales, LLC v. Chumley et al

Filing 22

MINUTE ORDER denying as moot 17 Defendants' Motion to Dismiss, by Judge Philip A. Brimmer on 9/15/10.(ebs, )

-KLM General Steel Domestic Sales, LLC v. Chumley et al

Doc. 22

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 10-cv-01398-PAB-KLM GENERAL STEEL DOMESTIC SALES, LLC, d/b/a General Steel Corporation, a Colorado limited liability company, Plaintiff, v. ETHAN DANIEL CHUMLEY, individually, and ATLANTIC BUILDING SYSTEMS, LLC, a Delaware corporation, doing business as Armstrong Steel Corporation, Defendants.

MINUTE ORDER Entered by Judge Philip A. Brimmer This matter is before the Court on defendants' Motion to Dismiss [Docket No. 17]. On September 10, 2010, plaintiff filed an Amended Complaint [Docket No. 21] as a matter of course under Fed. R. Civ. P. 15(a)(1). Thus, the Amended Complaint became the operative pleading in this action, and the Motion to Dismiss [Docket No. 17] is directed to an inoperative, superseded pleading.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 defendants' Motion to Dismiss [Docket No. 17] is DENIED as moot. DATED September 15, 2010.

Dockets.Justia.com