Takacs v. Tenenbaum

Filing 18

MINUTE ORDER denying as moot 14 Defendant's Motion to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), by Magistrate Judge Michael E. Hegarty on 5/21/2014. (eseam)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01095-MEH
AMY TAKACS,
Plaintiff,
v.
JEFFREY TENENBAUM,
Defendant.

MINUTE ORDER
______________________________________________________________________________
Entered by Michael E. Hegarty, United States Magistrate Judge, on May 21, 2014.
On May 21, 2014, Plaintiff filed an Amended Complaint and Jury Demand as a matter of
course pursuant to Fed. R. Civ. P. 15(a)(1) [docket # 15]. According to the Tenth Circuit, an
amended pleading “supersedes the original complaint and renders the original complaint of no legal
effect.” Miller v. Glanz, 948 F.2d 1562, 1565 (10th Cir. 1991). Therefore, Defendant’s Motion to
Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) [filed May 7, 2014; docket # 14] is denied
as moot with leave to re-file, if Defendant so chooses, in response to the Amended Complaint and
Jury Demand. See Estate of Howard v. Cnty. of El Paso, Colo., No. 10-cv-02740-CMA-MEH, 2011
WL 1562843, at *4 (D. Colo. Apr. 22, 2011) (recognizing “requirement to file another responsive
pleading to an Amended Complaint”).