Hernandez v. Asset Acceptance, LLC

Filing 12

MINUTE ORDER denying without prejudice as moot 9 Defendant Asset Acceptance, LLC's Motion to Strike Paragraph Nos. 89-97, 100-110, and 113-118 of Plaintiff's Complaint. By Magistrate Judge Kathleen M. Tafoya on 09/21/2012. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 12–cv–02082–MSK–KMT

CHRISTINA HERNANDEZ,
Plaintiff,
v.
ASSET ACCEPTANCE, LLC, a Delaware limited liability company,
Defendant.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
“Defendant Asset Acceptance, LLC’s Motion to Strike Paragraph Nos. 89-97, 100-110, and
113-118 of Plaintiff’s Complaint” (Doc. No. 9, filed August 30, 2012) is DENIED without
prejudice as moot based on the filing of Plaintiff’s Amended Complaint (Doc. No. 11). 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: September 21, 2012