Henry v. Pharmacy Management Services Inc. et al

Filing 39

MINUTE ORDER: Defendants' Motions to Dismiss (Doc. Nos. 25 , 30 , & 34 ) are DENIED without prejudice as moot as they are targeted at an inoperative pleading. By Magistrate Judge Kathleen M. Tafoya on 7/11/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 13–cv–01026–REB–KMT

KEVIN HENRY,
Plaintiff,
v.
PHARMACY MANAGEMENT SERVICES INC.,
MARK LARIVEE, and
COLLEGE PHARMACY, INC.,
Defendants.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
This matter is before the court on “Defendant College Pharmacy, Inc.’s Motion to Dismiss
Plaintiff’s Complaint” (Doc. No. 25, filed June 19, 2013), “Defendant Pharmacy Management
Services Inc., Motion to Dismiss Plaintiff’s Complaint” (Doc. No. 30, filed June 24, 2013), and
the “Motion to Dismiss Complaint Pursuant to FRCP 12(b)(6) on Behalf of Defendant Mark
Larivee” (Doc. No. 34, filed July 2, 2013). In light Plaintiff’s First Amended Complaint (Doc.
No. 38, filed July 8, 2013), which was permissibly filed as a matter of course under Fed. R. Civ.
P. 15(a)(1), Defendants’ Motions to Dismiss (Doc. Nos. 25, 30, & 34) are DENIED without
prejudice as moot as they are targeted at an inoperative pleading. See, e.g., Brunet v. The
Quizno’s Franchize Co. LLC, No. 07-cv-01717-EWN-KMT, 2008 WL 4380590, at *1 (D. Colo.
Sept. 24, 2008) (citing Gilles v. United States, 906 F.2d 1386, 1389 (10th Cir. 1990)).
Dated: July 11. 2013