Bourne v. Exempla, Inc.

Filing 19

MINUTE ORDER denying as moot defendant's 12 Motion to Dismiss. By Judge Philip A. Brimmer on 8/1/12.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 12-cv-01477-PAB-BNB
HEATHER BOURNE,
Plaintiff,
v.
EXEMPLA, INC., d/b/a Exempla Lutheran Medical Center,
Defendant.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on defendant’s Motion to Dismiss [Docket No.
12]. On July 31, 2012, plaintiff filed an Amended Complaint [Docket No. 18] pursuant
to the Minute Order [Docket No. 17] granting plaintiff’s Motion for Leave to File
Amend[ed] Complaint [Docket No. 14]. Thus, the Amended Complaint became the
operative pleading in this action, and the Motion to Dismiss [Docket No. 12] 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to an inoperative, superseded pleading.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 defendant’s Motion to Dismiss [Docket No. 12] is DENIED as
moot.
DATED August 1, 2012.