Harper v. Receivables Performance Management, LLC

Filing 16

MINUTE ORDER denying as moot defendant's 9 Motion to Dismiss. By Judge Philip A. Brimmer on 11/20/12.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02443-PAB-KMT
SUZANNE HARPER,
Plaintiff,
v.
RECEIVABLES PERFORMANCE MANAGEMENT, LLC,
Defendant.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on defendant’s Motion to Dismiss [Docket No. 9].
On November 13, 2012, plaintiff filed an Amended Complaint [Docket No. 12] as a
matter of course under Fed. R. Civ. P. 15(a)(1). Thus, the Amended Complaint
became the operative pleading in this action, and the Motion to Dismiss [Docket No. 9]
is directed to an inoperative, superseded pleading.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. 9] is DENIED as
moot.
DATED November 20, 2012.