Fick v. US Bank National Association et al

Filing 49

MINUTE ORDER denying as moot 30 Motion to Dismiss by Magistrate Judge Kristen L. Mix on 06/07/12.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-03184-WYD-KLM
LINDA SUE FICK,
Plaintiff,
v.
US BANK NATIONAL ASSOCIATION,
CITIGROUP MORTGAGE LOAN TRUST,
WELLS FARGO,
NEW CENTURY MORTGAGE,
AMERICA’S SERVICING COMPANY,
CITIGROUP MORTGAGE LOAN TRUSTS, and
CASTLE STAWIARSKI, LLC,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendants U.S. Bank National Association, Wells
Fargo, and America’s Servicing Company’s Motion to Dismiss Pursuant to Rule 12(b)(6)
by Defendants U.S. Bank National Association, Wells Fargo, and America’s Servicing
Company; and Supporting Brief [Docket No. 30; Filed February 14, 2012] (the “Motion”).
On March 2, 2012, Plaintiff, who proceeds pro se, filed a First Amended Complaint [#34]
in connection with her Response to the Motion. The filing of an amended complaint
renders moot motions to dismiss predicated upon a prior complaint. See Tex. Clinical
Labs, Inc. v. Leavitt, No. 05-CV-02145-PSF-CBS, 2006 WL 2844396, at *1 (D. Colo. Sept.
29, 2006) (rendering moot prior motions to dismiss upon the filing of an amended
complaint). Because the filing of the First Amended Complaint rendered moot the pending
Motion,
IT IS HEREBY ORDERED that the Motion [#30] is DENIED AS MOOT.
Dated: June 7, 2012