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)

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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”).

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