Shenzhen El Lighting Technology Co., Ltd. v. Sure-Fire Electrical Corporation et al

Filing 33

MINUTE ORDER denying as moot 20 Motion to Dismiss by Judge Philip A. Brimmer on 06/09/14.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-00727-PAB
SHENZHEN EL LIGHTING TECHNOLOGY CO., LTD. a Shenzhen Company and
YONGJIANG YIN, an individual,
Plaintiffs,
v.
SURE-FIRE ELECTRICAL CORPORATION, a Taiwanese Company,
BEST BUY STORES, L.P., a Virginia Limited Partnership, and
BESTBUY.COM, L.L.C., a Virginia Limited Liability Company,
Defendants.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on the Motion to Dismiss the Plaintiffs’ Complaint
for Patent Infringement [Docket No. 20]. On June 6, 2014, plaintiffs filed the Second
Amended Complaint [Docket No. 32] pursuant to the Order [Docket No. 31] granting the
Stipulated Motion to File Second Amended Complaint [Docket No. 28]. Thus, the
Second Amended Complaint became the operative pleading in this action, and the
Motion to Dismiss [Docket No. 20] is directed to an inoperative, superseded pleading.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 the Motion to Dismiss [Docket No. 20] is DENIED as moot.
DATED June 9, 2014.