Gorsuch, Ltd. v. Wells Fargo National Bank Association

Filing 10

MINUTE ORDER denying as moot 5 Defendant's Motion to Dismiss. By Judge Philip A. Brimmer on 5/11/11.(mnf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00970-PAB-MEH
GORSUCH, LTD., a Colorado corporation,
GORSUCH LTD., B.C., a Colorado corporation,
GORSUCH, LIMITED AT ASPEN, a Colorado corporation,
GORSUCH, LIMITED AT KEYSTONE MOUNTAIN, a Colorado corporation, and
GORSUCH COOPER, LLC, a Colorado limited liability company,
Plaintiffs,
v.
WELLS FARGO NATIONAL BANK ASSOCIATION,
Defendant.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on defendant’s Motion to Dismiss Plaintiffs’
Second Claim for Relief [Docket No. 5]. On May 10, 2011, plaintiffs filed an Amended
Complaint [Docket No. 9] 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Dismiss [Docket No. 5] is directed to an inoperative, superseded pleading.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 defendant’s Motion to Dismiss [Docket No. 5] is DENIED as
moot.
DATED May 11, 2011.