Brewer v. School Board of Miami-Yoder School District JT-60 et al

Filing 24

MINUTE ORDER granting 22 Plaintiff's Unopposed Motion to Amend Complaint and Jury Demand. Defendants shall answer or otherwise respond to the Amended Complaint and Jury Demand on or before 2/24/2012. Defendants' 14 Motion to Dismiss is denied as moot. The Scheduling Conference remains set at 4/5/2012, at 10:30 AM. By Magistrate Judge Kristen L. Mix on 1/23/12.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02633-PAB-KLM
MARSHA R. BREWER,
Plaintiff,
v.
SCHOOL BOARD OF MIAMI-YODER SCHOOL DISTRICT JT-60,
RICHARD WALTER, in his individual capacity, and
JIM DAY, in his individual capacity,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Unopposed Motion to Amend
Complaint and Jury Demand [Docket No. 22; Filed January 20, 2012] (the “Motion”). The
Motion is unopposed and timely, as no case management deadlines have been scheduled.
Accordingly, pursuant to Fed. R. Civ. P. 15(a)(2),
IT IS HEREBY ORDERED that the Motion is GRANTED. The Clerk of Court is
directed to enter the Amended Complaint and Jury Demand located at Docket No. 22-1,
effective as of the date of this Minute Order.
IT IS FURTHER ORDERED that Defendants shall answer or otherwise respond to
the Amended Complaint and Jury Demand on or before February 24, 2012.
IT IS FURTHER ORDERED that Defendants’ Motion to Dismiss [Docket No. 14;
Filed November 23, 2011] is DENIED AS MOOT, in light of the entry of the Amended
Complaint. See, e.g., Strich v. United States, No. 09-cv-01913-REB-KLM, 2010 WL 14826,
at *1 (D. Colo. Jan. 11, 2010) (citations omitted) (“The filing of an amended complaint
moots a motion to dismiss directed at the complaint that is supplanted and superseded.”);
AJB Props., Ltd. v. Zarda Bar-B-Q of Lenexa, LLC, No. 09-2021-JWL, 2009 WL 1140185,
at *1 (D. Kan. April 28, 2009) (finding that amended complaint superseded original
complaint and “accordingly, defendant's motion to dismiss the original complaint is denied
as moot”); Gotfredson v. Larsen LP, 432 F. Supp. 2d 1163, 1172 (D. Colo. 2006) (noting
that defendants' motions to dismiss are “technically moot because they are directed at a
pleading that is no longer operative”).
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The Scheduling Conference remains set at April 5, 2012, at 10:30 a.m. [#21].
Dated: January 23, 2012

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