Prochnow et al v. Fidelity Mortgage Company, Inc

Filing 15

MINUTE ORDER. Defendants Motion to Dismiss 7 is DENIED as moot. By Magistrate Judge Kristen L. Mix on 2/27/2013.(cmacd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-00036-PAB-KLM JARED PROCHNOW, and MATTHEW FOSTER Plaintiffs, v. FIDELITY MORTGAGE COMPANY, INC., Defendant. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Defendant’s Motion to Dismiss [Docket No. 7; Filed January 14, 2013] (the “Motion”). The Motion was directed at Plaintiffs’ original Complaint [#5]. On January 29, 2013, Plaintiffs filed an Amended Complaint [#9]. Defendant has since filed a new Motion to Dismiss [#12] aimed at the Amended Complaint. Accordingly, IT IS HEREBY ORDERED that the Motion [#7] 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(“The filing of an amended complaint moots a motion to dismiss directed at the complaint that is supplanted and superseded.”); Gotfredson v. Larsen LP, 432 F. Supp. 2d 1163, 1172 (D. Colo. 2006) (noting that defendants’ motions to dismiss are “technically moot because they are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 27, 2013

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