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)

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).