Wornicki v. Brokerpriceopinion.com, Inc. et al

Filing 46

MINUTE ORDER denying as moot Defendant's 25 Motion to Dismiss. By Judge Philip A. Brimmer on 6/5/2014.(klyon, )

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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’ Motion to Dismiss [Docket No. 25]. On May 29, 2014, plaintiffs filed the Second Amended Complaint [Docket No. 45] pursuant to the Court’s order [Docket No. 43]. Thus, the Second Amended Complaint became the operative pleading in this action, and the Motion to Dismiss [Docket No. 25] is directed to an inoperative, superseded pleading.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. 25] is DENIED as moot. DATED June 5, 2014.

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