Tozzie et al v. Ray L. Hughes, P.C et al

Filing 29

MINUTE ORDER denying without prejudice 15 Motion to Dismiss; granting 26 Unopposed Motion for Leave to File Amended Complaint and Response. By Magistrate Judge Kathleen M. Tafoya on 10/23/12. (kfinn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 12–cv–01951–REB–KMT

RONALD TOZZIE, and
RITA TOZZIE,
Plaintiffs,
v.
RAY L. HUGHES, P.C., and
PUEBLO LAYWERS, P.C. d/b/a BUXMAN, KWITEK, & OHLSEN, P.C.,
Defendants.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
“Plaintiff’s Unopposed Motion for Leave to File Amended Complaint and Response” (Doc. No.
26, filed October 19, 2012) is GRANTED, pursuant to Fed. R. Civ. P. 15(a)(2). The Clerk of
Court is directed to file Plaintiff’s “Amended Complaint and Jury Demand” (Doc. No. 26-2).
Further, “Defendants Pueblo Lawyers’ Fed. R. Civ. P. 12(b)(6) Motion to Dismiss” (Doc. No.
15) is DENIED without prejudice as moot based on the filing of Plaintiff’s Amended Complaint.
See Mohammed v. Holder, No. 07-cv-2697-MSK-BNB, 2009 WL 529549, at *3 (D. Colo. Mar.
2, 2009) (Because an amended complaint supercedes the original complaint, a motion to dismiss
directed at the original complaint is properly denied as moot); see also Mink v. Suthers, 482 F.3d
1244, 1254 (10th Cir. 2007) (“[A]n amended complaint supercedes an original complaint and
renders the original complaint without legal effect. . . . ”) (citations and internal quotation marks
omitted).
Dated: October 23, 2012