J. Lee Browning Belize Trust v. Aspen Mountain Condominium Association et al
MINUTE ORDER denying as moot 12 Motion to Dismiss. Granting 25 Motion to Amend/Correct/Modify complaint. By Magistrate Judge Michael J. Watanabe on 4/10/2014.(trlee, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03519-RM-MJW
J. LEE BROWNING BELIZE TRUST, by Judi B. Francis, Trustee,
ASPEN MOUNTAIN CONDOMINIUM ASSOCIATION, INC., a Colorado corporation,
STATE OF COLORADO,
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Plaintiff’s Motion for Leave to File First Amended
Complaint (Docket No. 25) is GRANTED for good cause shown. The First Amended
Complaint (Docket No. 25-1) is accepted for filing. The court finds there is no undue
delay, undue prejudice to the opposing party, bad faith or dilatory motive, failure to cure
deficiencies by amendments previously allowed, or futility of amendment. See Bylin v.
Billings, 568 F.3d 1224, 1229 (10th Cir. 2009) (quoting Frank v. U.S. West, Inc., 3 F.3d
1357, 1365 (10th Cir. 1993)).
It is FURTHER ORDERED that Defendant Aspen Mountain Condominium
Association, Inc’s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6)
(Docket No. 12) is DENIED AS MOOT as the motion is now directed to an inoperative,
superceded pleading. See, e.g., Gilles v. United States, 906 F.2d 1386, 1389 (10th Cir.
1990) (stating that “a pleading that has been amended under Rule15(a) supersedes the
pleading it modifies”) (internal quotation marks omitted).
Date: April 10, 2014
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?