Carbajal et al v. Morrissey et al

Filing 32

MINUTE ORDER. The Motion to Amend 30 is GRANTED. Plaintiff's First Amended Complaint [#30-1] is accepted for filing as of the date of this Minute Order. Defendants who have already been served and entered their appearances in this case shall answer or otherwise respond to Plaintiffs' Amended Complaint [#30-1] on or before 3/14/2013. Defendants' Motions to Dismiss 18 , 20 , 24 are DENIED as moot. by Magistrate Judge Kristen L. Mix on 2/21/13. (kfinn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-03231-REB-KLM
VICTORIA CARBAJAL,
DEAN CARBAJAL, and
LUIS LEAL,
Plaintiffs,
v.
MITCHELL R. MORISSEY, District Attorney for the Second Judicial District, in his official
and individual capacities,
JEFFREY WATTS, Investigator for the Second Judicial District, in his official and individual
capacities,
ROBERT FULLER, Investigator for the Second Judicial District, in his official and individual
capacities,
REBEKAH MELNICK, Deputy District Attorney for the Second Judicial District, in her official
and individual capacities,
LARA MULLIN, Deputy District Attorney for the Second Judicial District, in her official and
individual capacities,
MILES FLESCHE, District Administrator and Clerk for the Second Judicial District, in his
official and individual capacities,
KEITH CRISWELL, Deputy Court Clerk for the Second Judicial District, in his official and
individual capacities,
ANNE MANSFIELD, District Court Judge for the Second Judicial District, in her official and
individual capacities,
KEEFER, Deputy Sheriff for the Denver Detention Center, in his official and individual
capacities,
MICHAEL SIMPSON, Detective for the Denver Police Department, in his official and
individual capacities,
JAY LOPEZ, Detective for the Denver Police Department, in his official and individual
capacities,
RICHARD HAGAN, Detective for the Denver Police Department, in his official and
individual capacities,
CAROL DWYER, a co-conspirator with the Second Judicial District Attorney’s Office, in her
official and individual capacities,
WELLS FARGO, a corporation,
BRIAN BERARDINI, a co-conspirator with the Second Judicial District Attorney’s Office,
in his individual capacity, and
JOHN SUTHERS, Attorney General for the State of Colorado, in his official and individual
capacities,
Defendants.

_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Leave to File Amended
Complaint [Docket No. 30; Filed February 20, 2013] (the “Motion to Amend”); on
Defendants John Miles Flesche, Adrian Keith Criswell, Anne Mansfield, and John Suthers’
State Defendants’ Motion to Dismiss [Docket No. 18; Filed January 28, 2013]; on
Defendant Brian Berardini’s Motin to Dismiss [Docket No. 20; Filed January 29, 2013];
and on Defendants Mitchell R. Morrissey, Jeffrey Watts, Robert Fuller, Rebekah Melnick,
and Lara Mullin’s Motion to Dismiss [Docket No. 24; Filed February 1, 2013]. Pursuant
to Fed. R. Civ. P. 15(a)(1)(B), Plaintiff may amend his pleading once as a matter of course
“within . . . 21 days after service of a motion under Rule 12(b) . . . .” Plaintiff has submitted
his First Amended Complaint within this period. Accordingly,
IT IS HEREBY ORDERED that the Motion to Amend [#30] is GRANTED.
Accordingly,
IT IS FURTHER ORDERED that Plaintiff’s First Amended Complaint [#30-1] is
accepted for filing as of the date of this Minute Order.
IT IS FURTHER ORDERED that those Defendants who have already been served
and entered their appearances in this case shall answer or otherwise respond to Plaintiffs’
Amended Complaint [#30-1] on or before March 14, 2013.
IT IS FURTHER ORDERED that Defendants’ Motions to Dismiss [#18, #20, #24] are
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: February 21, 2013