Viesti Associates, Inc. v. Pearson Education, Inc.

Filing 64

MINUTE ORDER denying as moot defendant's 19 Motion to Dismiss. By Judge Philip A. Brimmer on 4/13/12.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01687-PAB-DW
VIESTI ASSOCIATES, INC.,
Plaintiff,
v.
PEARSON EDUCATION, INC.,
Defendant.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on defendant’s Motion to Dismiss [Docket No.
19]. On April 13, 2012, plaintiff filed a First Amended Complaint [Docket No. 63]
pursuant to the Order [Docket No. 62] granting plaintiff’s Motion for Leave to File First
Amended Complaint [Docket No. 58]. Thus, the First Amended Complaint became the
operative pleading in this action, and the Motion to Dismiss [Docket No. 19] 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to an inoperative, superseded pleading.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. 19] is DENIED as
moot.
DATED April 13, 2012.