Bushy v. Medical Center of the Rockies
MINUTE ORDER denying as moot defendants' 11 , 46 Motions to Dismiss. By Judge Philip A. Brimmer on 11/1/13.(mnfsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01467-PAB-KLM
MEDICAL CENTER OF THE ROCKIES, a corporation, and
Dr. JASJOT JOHAR, in his official capacity,
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Motions to Dismiss [Docket Nos. 11 and 46] are directed to an inoperative, superseded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.
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