Four Winds Interactive LLC v. Activision TV, Inc.

Filing 48

MINUTE ORDER denying as moot 15 Motion to Dismiss, by Magistrate Judge Michael E. Hegarty on 2/27/2014.(trlee, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-02684-RM-MEH Consolidated with 13-cv-02332-RM-MEH FOUR WINDS INTERACTIVE LLC, a Colorado limited liability company, Plaintiff, v. ACTIVISION TV, INC., a Delaware corporation, Defendant/Consolidated Plaintiff/Consolidated Counter Defendant, v. KATS ON THE MARKET, INC., doing business as Tavern Hospitality Group, Consolidated Defendant/Consolidated Counter Claimant. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on February 27, 2014. In light of the filing of the Amended Complaint as a matter of course on December 4, 2013 (docket #16) and Defendant’s motion to dismiss the Amended Complaint filed December 18, 2013 (docket #20), Defendant Activision TV, Inc.’s Motion to Dismiss Plaintiff’s Complaint for Declaratory Judgment [filed December 2, 2013; docket #15] is denied as moot. See Franklin v. Kansas Dep’t of Corrs., 160 F. App'x 730, 734 (10th Cir. 2005) (“An amended complaint supersedes the original complaint and renders the original complaint of no legal effect.”) (citing Miller v. Glanz, 948 F. 2d 1562, 1565 (10th Cir. 1991)); ; see also Robinson v. Dean Foods Co., No. 08-cv-01186REB-CBS, 2009 WL 723329, at *4 (D. Colo. Mar. 18, 2009) (citation omitted) (“Generally, when an amended complaint is filed, the previous complaint is wiped out and the operative complaint is the most recently filed version.”).

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