Saint Louis University v. Medtronic Navigation, Inc. et al

Filing 24

MINUTE ORDER denying as moot 19 Medtronic Sofamor Danek, Inc.'s Motion to Dismiss. By Judge Philip A. Brimmer on 11/8/12.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02445-PAB-BNB
SAINT LOUIS UNIVERSITY,
Plaintiff,
v.
MEDTRONIC NAVIGATION, INC. and
MEDTRONIC SOFAMOR DANEK, INC.,
Defendants.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on defendant Medtronic Sofamor Danek, Inc.’s
Motion to Dismiss [Docket No. 19]. On November 5, 2012, plaintiff filed an Amended
Complaint [Docket No. 22] 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Dismiss [Docket No. 19] is directed to an inoperative, superseded pleading.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 Medtronic Sofamor Danek, Inc.’s Motion to Dismiss
[Docket No. 19] is DENIED as moot.
DATED November 8, 2012.