Hall v. Brown et al

Filing 50

MINUTE ORDER granting 48 Motion to Amend, and denying as moot 38 Motion to Dismiss, by Magistrate Judge Kristen L. Mix on 12/16/13.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-03204-CMA-KLM
JESUS HALL,
Plaintiff,
v.
J. BROWN, RN,
DR. ALLRED,
MCDERMOT, Health Admin, and
HAVER, Off,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendants’ Motion to Dismiss [#38] and on
Plaintiff’s Motion for Leave to File an Amended Complaint [#48] (the “Motion to
Amend”). The Court has reviewed the proposed Third Amended Complaint [#48-1]
submitted by Plaintiff and finds that the pleading should be accepted pursuant to Fed. R.
Civ. P. 15(a)(2), which states in part that “[t]he court should freely give leave when justice
so requires.”
IT IS HEREBY ORDERED that the Motion to Amend [#48] is GRANTED.
Accordingly,
IT IS FURTHER ORDERED that the Clerk of Court shall accept Plaintiff’s Third
Amended Complaint [#48-1] for filing as of the date of this Minute Order.
IT IS FURTHER ORDERED that Defendants’ Motion to Dismiss [#38] is DENIED as
moot. See, e.g., Strich v. United States, No. 09-cv-01913-REB-KLM, 2010 WL 14826, at
*1 (D. Colo. Jan. 11, 2010) (citations omitted) (“The filing of an amended complaint moots
a motion to dismiss directed at the complaint that is supplanted and superseded.”); AJB
Props., Ltd. v. Zarda Bar-B-Q of Lenexa, LLC, No. 09-2021-JWL, 2009 WL 1140185, at *1
(D. Kan. Apr. 28, 2009) (finding that amended complaint superseded original complaint and
“accordingly, defendant’s motion to dismiss the original complaint is denied as moot”);
Gotfredson v. Larsen LP, 432 F. Supp. 2d 1163, 1172 (D. Colo. 2006) (noting that
defendants’ motions to dismiss are “technically moot because they are directed at a
pleading that is no longer operative”).
Dated: December 16, 2013