Bushy v. Medical Center of the Rockies

Filing 53

MINUTE ORDER denying as moot defendants' 11 , 46 Motions to Dismiss. By Judge Philip A. Brimmer on 11/1/13.(mnfsl, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-01467-PAB-KLM AMANDA BUSHY, Plaintiff, v. MEDICAL CENTER OF THE ROCKIES, a corporation, and Dr. JASJOT JOHAR, in his official capacity, Defendants. MINUTE ORDER Entered by Judge Philip A. Brimmer This matter is before the Court on defendants’ Motions to Dismiss [Docket Nos. 11 and 46]. On October 29, 2013, plaintiff filed an Amended Complaint [Docket No. 48] pursuant to the Order Accepting Magistrate Judge’s Recommendation [Docket No. 47] Thus, the Amended Complaint became the operative pleading in this action, and the Motions to Dismiss [Docket Nos. 11 and 46] are directed to an inoperative, superseded pleading.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. 11 and 46] are DENIED as moot. DATED November 1, 2013.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?