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, )

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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became the operative pleading in this action, and the Motion to Dismiss [Docket No. 19] is directed to an inoperative, superseded pleading.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.

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