Lawrence v. School District No. 1 in the City and County of Denver et al

Filing 59

MINUTE ORDER denying as moot defendants' 28 , 47 Motions to Dismiss. By Judge Philip A. Brimmer on 6/20/12.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02789-PAB-KMT
JUANETTA LAWRENCE,
Plaintiff,
v.
SCHOOL DISTRICT NO. 1, IN THE CITY AND COUNTY OF DENVER, a/k/a Denver
Public Schools, and
BOARD OF EDUCATION OF SCHOOL DISTRICT NO. 1, IN THE CITY AND COUNTY
OF DENVER, a/k/a Denver Board of Education,
Defendants.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on defendants’ Motions to Dismiss [Docket Nos.
28 and 47]. On June 14, 2012, plaintiff filed a Second Amended Complaint [Docket No.
58] pursuant to the Order [Docket No. 57] granting plaintiff’s Motion to File Second
Amended Complaint [Docket No. 44]. Thus, the Second Amended Complaint became
the operative pleading in this action, and the Motions to Dismiss [Docket Nos. 28 and
47] are directed to an inoperative, superseded pleading.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 motions to dismiss are moot. It is
ORDERED that defendants’ Motions to Dismiss [Docket Nos. 28 and 47] are
DENIED as moot.
DATED June 20, 2012.