Simpson v. Wells Fargo Bank, N.A.

Filing 24

MINUTE ORDER denying as moot 18 Defendant's Motion to Dismiss and Supporting Brief, and denying as moot 21 Plaintiff's Motion for Leave to File First Amended Complaint. The Clerk of the Court is directed to enter [21-1] Plaintiff's First Amended Verified Complaint as filed. By Magistrate Judge Michael E. Hegarty on 12/19/2012. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02923-REB-MEH
KENNETH C. SIMPSON,
Plaintiff,
v.
WELLS FARGO NATIONAL BANK ASSOCIATION,
Defendant.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on December 19, 2012.
Pending before the Court is Plaintiff’s Motion for Leave to File First Amended Complaint
[filed December 17, 2012, docket #21]. The Court observes that Plaintiff’s Motion comes within
21 days of Defendant’s Motion to Dismiss and Supporting Brief [filed December 4, 2012; docket
#18] and that Plaintiff has not yet filed an amended pleading. Pursuant to Fed. R. Civ. P.
15(a)(1)(B), Plaintiff may amend his pleading once as a matter of course. Therefore, the Clerk of
the Court is directed to enter Plaintiff’s First Amended Verified Complaint [docket #21-1] as filed.
Because Plaintiff’s Motion is unnecessary in light of Rule 15, it is denied as moot. Defendant’s
Motion to Dismiss and Supporting Brief is also 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)).