Farmer v. Banco Popular of North America

Filing 55

MINUTE ORDER denying without prejudice 21 Defendant Banco Popular's Motion to Dismiss Pursuant to Fed. R. Civ. P. 9(b), 12(b)(6) and 17(a), by Magistrate Judge Michael E. Hegarty on 10/11/2011. (mehcd)

Download PDF
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 11, 2011. In light of this Court’s October 5, 2011 order accepting the Amended Complaint as filed and Defendant Banco Popular’s notice informing the Court that it concurs its original Motion to Dismiss should be denied as moot, the Defendant Banco Popular’s Motion to Dismiss Pursuant to Fed. R. Civ. P. 9(b), 12(b)(6) and 17(a) [filed June 30, 2011; docket #21] is denied without prejudice 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)). As set forth in this Court’s October 5, 2011 order, Defendant Banco Popular shall respond to the Amended Complaint in accordance with Fed. R. Civ. P. 15(a).

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?