Martinez v. Quinn et al
MINUTE ORDER. Defendants' 12 , 13 Motions to Dismiss are denied as moot. By Judge Philip A. Brimmer on 6/26/13.(mnfsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00400-PAB-MEH
JAMES QUINN, in his personal and official capacities,
PEGGY HEIL, in her personal and official capacities,
THE ESTATE OF TOM CLEMENTS,
LISA CLEMENTS, as the personal representative of the Estate of Tom Clements, and
ROGER WERHOLTZ, Acting Executive Director of the DOC, in his official capacity,
Entered by Judge Philip A. Brimmer
This matter is before the Court on the Motions to Dismiss filed by defendant
James Quinn [Docket No. 12] and by Peggy Heil and the Office of the Executive
Director of the Colorado Department of Corrections [Docket No. 13]. On June 25,
2013, plaintiff filed a Second Amended Complaint [Docket No. 29] pursuant to the
Order [Docket No. 28] granting plaintiff’s Motion for Leave to File Second Amended
Complaint [Docket No. 22]. Thus, the Second Amended Complaint became the
operative pleading in this action, and the Motions to Dismiss [Docket Nos. 12 and 13]
are directed to an inoperative, superseded pleading. See, e.g., Gilles v. United States,
906 F.2d 1386, 1389 (10th Cir. 1990) (“a pleading that has been amended under Rule
15(a) supersedes the pleading it modifies”) (internal quotation marks omitted). As such,
the motions to dismiss are moot. It is
ORDERED that defendants’ Motions to Dismiss [Docket Nos. 12 and 13] are
DENIED as moot.
DATED June 26, 2013.
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