Glapion v. Donovan

Filing 42

MINUTE ORDER denying without prejudice as moot 35 Motion to Dismiss, by Magistrate Judge Michael E. Hegarty on 10/02/2014. Defendant shall file an answer or a renewed motion to dismiss in response to the Third Amended Complaint in accordance with Fed. R. Civ. P. 15.(slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01699-MEH
MELEAHA R. GLAPION,
Plaintiff,
v.
SHAUN DONOVAN, Secretary, U.S. Department of Housing and Urban Development,
Defendant.
______________________________________________________________________________
MINUTE ORDER
______________________________________________________________________________
Entered by Michael E. Hegarty, United States Magistrate Judge, on October 2, 2014.
In light of the filing of Plaintiff’s Third Amended Title VII Complaint, filed October 1, 2014,
Defendant’s Motion to Dismiss [filed September 12, 2014; docket #35] is denied without prejudice
as moot with leave to re-file, if Defendant so chooses, in response to the Third Amended Complaint.
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.”). Defendant shall file an answer or a
renewed motion to dismiss in response to the Third Amended Complaint in accordance with Fed.
R. Civ. P. 15.