Lane v. Yohn et al

Filing 19

MINUTE ORDER denying as moot 10 Motion to Dismiss and granting 17 Motion for Leave to File Amended Complaint. By Magistrate Judge Michael E. Hegarty on 10/31/2012.(klyon, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-02183-MSK-MEH STEPHEN LANE, Plaintiff, v. R.A. YOHN, Detective, and THE CITY OF COLORADO SPRINGS, Defendants. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on October 31, 2012. Pending before the Court are Plaintiff’s Motion for Leave to File Amended Complaint [filed October 29, 2012; docket #17] and Defendants’ Motion to Dismiss [filed October 9, 2012; docket #10]. Fed. R. Civ. P. 15(a)(1)(B) provides that a party may amended its pleading once as matter of course within 21 days after service of a motion under Rule 12(b). Plaintiff’s Motion, filed less than 21 days after service of Defendants’ Motion, is granted insofar as Plaintiff may amend his pleadings as a matter of course. The Clerk of the Court is directed to enter Plaintiff’s Amended Complaint and Jury Demand [docket #17-1] as filed. In light of the amended pleading, Defendants’ Motion 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)). Defendants shall file an answer or other response in accordance with all federal and local rules.

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