Wolfe v. AspenBio Pharma Inc. et al.

Filing 33

ORDER. Defendants Notice of Motion and Motion To Dismiss; Memorandum of Points and Authorities [4 (text available at 1-29)] filed 12/1/2010, is DENIED WITHOUT PREJUDICE as moot. By Judge Robert E. Blackburn on 8/24/2011.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 11-cv-00165-REB-KMT
JOHN WOLFE, individually and on behalf of all others similarly situated,
MIKE MARNHOUT, individually and on behalf of all others similarly situated, and
SHAZI IQBAL, individually and on behalf of all others similarly situated,
Plaintiffs,
v.
ASPENBIO PHARMA, INC., a Colorado corporation,
RICHARD G. DONNELLY,
DAVID FAULKER,
GREGORY PUSEY,
JEFFREY G. McGONEGAL,
MARK COLGIN, and
ROBERT CASPARI,
Defendants.

ORDER DENYING AS MOOT MOTION TO DISMISS
Blackburn, J.
The matter before me is defendants’ Notice of Motion and Motion To Dismiss;
Memorandum of Points and Authorities [#4 (text available at #1-29)] filed December
1, 2010. After the motion was filed, plaintiffs filed their Unopposed Motion for Leave
To File Amended Complaint and Establishing Briefing Schedule [#24] on August
22, 2011. The magistrate judge subsequently granted leave to file the amended
complaint (Minute Order [#28] filed August 23, 2011), which has now been docketed
(Amended Class Action Complaint for Violation of the Securities Laws [#29] filed
August 24, 2011).
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superceded complaint.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); United States ex rel. Babb v. Northrop Grumman Corp., 2007 WL
1793795 at *1 (D. Colo. June 19, 2007). Therefore, the motion to dismiss is moot and
will be denied without prejudice on that basis.
THEREFORE, IT IS ORDERED that defendants’ Notice of Motion and Motion
To Dismiss; Memorandum of Points and Authorities [#4 (text available at #1-29)]
filed December 1, 2010, is DENIED WITHOUT PREJUDICE as moot.
Dated August 24, 2011, at Denver, Colorado.
BY THE COURT:

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