Bargen v. Sapp Bros Travel Centers, Inc. et al

Filing 38

MINUTE ORDER granting 35 Amended Motion for Leave to Amend Complaint and accepting 31 Amended Complaint, denying as moot 27 Motion to Dismiss, and resetting Scheduling Conference to 9/18/2012 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix by Magistrate Judge Kristen L. Mix on 8/1/12.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01199-CMA-KLM
THOANCHELLE BARGEN,
Plaintiff,
v.
SAPP BROS TRAVEL CENTERS INC., a Nebraska Corporation,
SAPP BROS TRAVEL CENTERS INC. d/b/a APPLE BARREL RESTAURANT,
DIANA COLLINS, an individual,
ASHLEY M. BAILEY, an individual,
PAULA GAER, an individual,
ANTHONY SENA, an individual,
COMMERCE CITY POLICE DEPARTMENT, a municipal corporation,
DAX NANCE, Officer, individually and in his official capacity,
DOES I through X, inclusive, and
ROE ENTITIES I through X, inclusive,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Amended Motion for Leave to
Amend Complaint [Docket No. 35; Filed July 31, 2012] (the “Motion”).
IT IS HEREBY ORDERED that the Motion is GRANTED. The proposed Amended
Complaint and Demand for Jury Trial is ACCEPTED as entered on July 25, 2012 [#31].
Defendants shall answer or otherwise respond to the Amended Complaint on or before
August 15, 2012.
IT IS FURTHER ORDERED that Defendants Commerce City Police Department
and Dax Nance’s Motion to Dismiss [Filed July 5, 2012; Docket No. 27] is DENIED AS
MOOT.1 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motion to dismiss directed at the complaint that is supplanted and superseded.”);
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

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The Motion to Dismiss is referred to this Court [#28].

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pleading that is no longer operative”).
IT IS FURTHER ORDERED that the Scheduling Conference set for August 13,
2012, is VACATED and RESET to September 18, 2012, at 10:00 a.m. in Courtroom C204, Second Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver,
Colorado.
IT IS FURTHER ORDERED that the parties shall submit their proposed scheduling
order pursuant to District of Colorado Electronic Case Filing (“ECF”) Procedures on or
before September 13, 2012. All other provisions of the Order Setting Scheduling/Planning
Conference issued May 23, 2012 [#8] remain in effect.
Dated: August 1, 2012

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