Cannon et al v. Time Warner NY Cable, LLC

Filing 20

MINUTE ORDER denying as moot 13 Motion to Strike the Class Allegations from Plaintiffs' Complaint by Judge Philip A. Brimmer on 04/15/14.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-00037-PAB-BNB
DENA M. CANNON,
SUZANNE BOLDEN,
SERGIO ALCALA,
TERI NELSON, and
JULIANA VAN TUIL,
on behalf of themselves and others similarly situated,
Plaintiffs,
v.
TIME WARNER NY CABLE LLC,
Defendant.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on defendants’ Motion to Strike the Class
Allegations from Plaintiffs’ Complaint [Docket No. 13]. On April 14, 2014, plaintiffs filed
an Amended Complaint [Docket No. 18] 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 Strike [Docket No. 13] 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superseded pleading.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 strike is moot. It
is
ORDERED that defendants’ Motion to Strike the Class Allegations from Plaintiffs’
Complaint [Docket No. 13] is DENIED as moot.
DATED April 15, 2014.