Stevenson v. Schneider Electric USA, Inc.

Filing 43

MINUTE ORDER denying without prejudice as moot 15 Motion to Dismiss. By Judge Philip A. Brimmer on 1/6/14.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01609-PAB-CBS
TRACY LYNN STEVENSON,
Plaintiff,
v.
SCHNEIDER ELECTRIC U.S.A., INC.,
Defendant.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on a Motion to Dismiss [Docket No. 15] filed by
defendant Schneider Electric U.S.A., Inc. On January 6, 2014, plaintiff’s amended
complaint [Docket No. 20] was accepted for filing. Thus, as of January 6, 2014, the
operative pleading is plaintiff’s amended complaint. Defendant’s motion to dismiss is
therefore directed at an inoperative, superseded pleading.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, defendant’s motion to dismiss is moot. Therefore, it is
ORDERED that defendants’ motion to dismiss [Docket No. 15] is DENIED
without prejudice as moot.
DATED January 6, 2014.