Taylor et al v. Colorado Department of Health Care Policy and Financing et al

Filing 23

MINUTE ORDER denying as moot defendants' 11 Motion to Dismiss. By Judge Philip A. Brimmer on 5/21/12.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00300-PAB-KMT
LESLIE TAYLOR,
CAROLINE NICHOLE COOKE,
JACOB COOKE, and
COLORADO CROSS-DISABILITY COALITION, a Colorado nonprofit organization,
Plaintiffs,
v.
COLORADO DEPARTMENT OF HEALTH CARE POLICY AND FINANCING and
SUE BIRCH, in her official capacity as Executive Director of the Colorado Department
of Health Care Policy and Financing,
Defendants.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on defendants’ Motion to Dismiss [Docket No.
11]. On May 14, 2012, plaintiffs filed an Amended Complaint [Docket No. 22] under
Fed. R. Civ. P. 15(a)(1). Thus, the Amended Complaint became the operative pleading
in this action, and the Motion to Dismiss [Docket No. 11] 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superseded pleading.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 defendants’ Motion to Dismiss [Docket No. 11] is DENIED as
moot.
DATED May 21, 2012.