Wornicki v. Brokerpriceopinion.com, Inc. et al

Filing 24

MINUTE ORDER denying as moot 19 Defendants' Motion to Dismiss, by Judge Philip A. Brimmer on 2/19/2014. (eseam)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-03258-PAB-KMT
KATHY WORNICKI and
EDWARD LAINE, on behalf of themselves and all others similarly situated,
Plaintiffs,
v.
BROKERPRICEOPINION.COM, INC.,
FIRST VALUATION, LLC,
FIRST VALUATION SERVICES, LLC,
FIRST VALUATION TECHNOLOGY, LLC, and
CARTEL ASSET MANAGEMENT, LLC,
Defendants.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on defendants Brokerpriceopinion.com, Inc., First
Valuation, LLC, First Valuation Services, LLC, and First Valuation Technology, LLC’s
Motion to Dismiss [Docket No. 19]. On February 18, 2014, plaintiff Kathy Wornicki filed
an Amended Complaint [Docket No. 23] as a matter of course pursuant to Fed. R. Civ.
P. 15(a)(1). Thus, the Amended Complaint became the operative pleading in this
action, and the Motion to Dismiss [Docket No. 19] is 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superseded pleading.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 motion to dismiss is moot. It
is
ORDERED that defendants’ Motion to Dismiss [Docket No. 19] is DENIED as
moot.
DATED February 19, 2014.