Farmer v. Banco Popular of North America

Filing 51

MINUTE ORDER granting 49 Plaintiff's Unopposed Motion for Leave to File an Amended Complaint Pursuant to Federal Rule of Civil Procedure 15(a)(2). The Court accepts for filing the Amended Complaint found at 44 . Defendant Banco Popular shal l respond to the Amended Complaint in accordance with Fed. R. Civ. P. 15(a). In addition, on or before 10/14/2011, Defendant Banco Popular shall inform the Court in writing of its position concerning whether its Motion to Dismiss 21 should be denied as moot. By Magistrate Judge Michael E. Hegarty on 10/5/2011. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01268-WYD-MEH
GEORGE FARMER (a/k/a George L. Farmer),
Plaintiff,
v.
BANCO POPULAR OF NORTH AMERICA, and
JOHN DOES 1-100,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on October 5, 2011.
In the interest of justice, Plaintiff’s Unopposed Motion for Leave to File an Amended
Complaint Pursuant to Federal Rule of Civil Procedure 15(a)(2) [filed October 4, 2011; docket #49]
is granted. The Court accepts as filed the Amended Complaint tendered by the Plaintiff on
September 30, 2011 (docket #44). Defendant Banco Popular shall respond to the Amended
Complaint in accordance with Fed. R. Civ. P. 15(a).
In addition, on or before October 14, 2011, Defendant Banco Popular shall inform the
Court in writing of its position concerning whether its Motion to Dismiss, filed June 30, 3011
(docket #21), should be denied as moot. See Franklin v. Kansas Dep’t of Corr., 160 F. App'x 730,
734 (10th Cir. 2005) (“An amended complaint supersedes the original complaint and renders the
original complaint of no legal effect.”) (citing Miller v. Glanz, 948 F. 2d 1562, 1565 (10th Cir.
1991)).