Kahn et al v. Davis et al

Filing 17

MINUTE ORDER denying as moot 10 Motion to Dismiss, by Judge Philip A. Brimmer on 10/8/10.(ebs, )

-KMT Kahn et al v. Davis et al

Doc. 17

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 10-cv-01715-PAB-KMT PATRICE KAHN, individually and on behalf of One Twenty Financial Services, Inc., a Missouri corporation, and FARRELL KAHN, Plaintiffs, v. LESLIE DAVIS and ONE TWENTY FINANCIAL SERVICES, a Missouri corporation, Defendants.

MINUTE ORDER Entered by Judge Philip A. Brimmer This matter is before the Court on defendants' Motion to Dismiss [Docket No. 10]. On September 15, 2010, plaintiffs filed an Amended Complaint [Docket No. 11] as a matter of course under Fed. R. Civ. P. 15(a)(1). Due to a docketing error, plaintiffs refiled the Amended Complaint on September 16, 2010 [Docket No. 13]. Thus, the Amended Complaint became the operative pleading in this action, and the Motion to Dismiss [Docket No. 10] is directed to an inoperative, superseded pleading.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. 10] is DENIED as moot. DATED October 8, 2010.

Dockets.Justia.com