Perez v. Pinon Management, Inc. et al

Filing 17

MINUTE ORDER denying as moot 11 Defendants' Motion to Dismiss, by Magistrate Judge Michael E. Hegarty on 05/02/2012.(wjcsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00653-MSK-MEH
PATRICIA PEREZ, an individual, on behalf of herself and others similarly situated,
Plaintiff,
v.
PINON MANAGEMENT, INC.,
PONDEROSA CARE COMMUNITIES A LCC,
NORTH STAR COMMUNITY, and
DOES 1 through 10,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on May 2, 2012.
Pending before the Court is Defendants’ Motion to Dismiss [filed April 9, 2012; docket #11].
The matter has been referred to the Court for disposition. (Docket #15.) Pursuant to Fed. R. Civ.
P. 15(a)(1)(B), Plaintiff filed her first Amended Complaint “as a matter of course” exactly 21 days
after she received service of Defendants’ Motion to Dismiss. (Docket #16.) Therefore, Defendants’
Motion to Dismiss [filed April 9, 2012; docket #11] is denied as moot. See Franklin v. Kansas
Dep’t of Corr., 160 F. App'x 730, 734 (10th Cir. 2005) (“An amended complaint supersedes the
original complaint and renders the original complaint of no legal effect.”) (citing Miller v. Glanz,
948 F. 2d 1562, 1565 (10th Cir. 1991)).