Wojdacz v. Colorado Springs City Police Department et al.

Filing 20

MINUTE ORDER denying as moot 10 Motion to Dismiss or Quash Service. Plaintiff's Amended Complaint is accepted as filed. By Magistrate Judge Michael E. Hegarty on 8/6/12.(mjgsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01483-REB-MEH
ELIZABETH WOJDACZ,
Plaintiff,
v.
COLORADO SPRINGS CITY POLICE DEPARTMENT,
COMMANDER BRIAN GRADY,
OFFICER JOHN IRELAND,
PATRICK MILLER,
PENROSE ST. FRANCIS HEALTHCARE,
GARY LEE NORMAN,
MICHAEL J. DUNCAN, and
CLIFF HUDSON,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on August 6, 2012.
Pending before the Court is the City Defendants’ Motion to Dismiss or Quash Service [filed
July 17, 2012 docket #10] filed by Defendants Commander Brian Grady, Officer John Ireland, and
the Colorado Springs Police Department (self-described “City Defendants”). Pursuant to Fed. R.
Civ. P. 15(a)(1)(B), Plaintiff filed an Amended Complaint less than 21 days after service of the City
Defendants’ motion under Rule 12(b). (Docket #19.) Therefore, Plaintiff’s Amended Complaint
is accepted as filed, and the City Defendants’ Motion to Dismiss or Quash Service 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)).