Levy v. Narconon Fresh Start et al

Filing 58

MINUTE ORDER denying as moot 14 Motion to Dismiss Plaintiff's Complaint for Lack of Personal Jurisdiction and 15 Motion to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6) by Magistrate Judge Michael E. Hegarty on 1/26/15.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01591-MSK-MEH
BEN LEVY,
Plaintiff,
v.
NARCONON FRESH START, d/b/a A Life Worth Saving,
NARCONON INTERNATIONAL, and
ASSOCIATION FOR BETTER LIVING AND EDUCATION INTERNATIONAL,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on January 26, 2015.
Plaintiff has filed a First Amended Complaint [docket #22] as a matter of course pursuant
to Fed. R. Civ. P. 15(a). In light of this filing, Defendants Association for Better Living and
Education International and Narconon International’s Motion to Dismiss Plaintiff’s Complaint for
Lack of Personal Jurisdiction [filed July 21, 2014; docket #14] and Defendants Association for
Better Living and Education International and Narconon International’s Motion to Dismiss
Plaintiff’s Complaint Pursuant to FRCP 12(b)(6) [filed July 21, 2014; docket #15] are denied as
moot. See Franklin v. Kansas Dep’t of Corr., 160 F. App’x 730, 734 (10th Cir. 2005) (“An
amended complaint supersedes the original complaint and renders the original complaint of no legal
effect.”) (citing Miller v. Glanz, 948 F. 2d 1562, 1565 (10th Cir. 1991)); see also Robinson v. Dean
Foods Co., No. 08-cv-01186-REB-CBS, 2009 WL 723329, at *4 (D. Colo. Mar. 18, 2009) (citation
omitted) (“Generally, when an amended complaint is filed, the previous complaint is wiped out and
the operative complaint is the most recently filed version.”).