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)

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dismiss directed at the complaint that is supplanted and superseded.”); Gotfredson v.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