Ostrowski v. City of Montrose
MINUTE ORDER; 15 Plaintiff's Motion for Leave to File First Amended Complaint is GRANTED. The Clerk of Court shall accept Plaintiffs Amended Complaint [#1] for filing as of the date of this Minute Order. 12 Defendant's Motion to Dismiss is DENIED as moot. 16 Plaintiff's Motion for Second Extension of Time to File Response to Motion to Dismiss is DENIED as moot. It is FURTHER ORDERED, sua sponte, that the Scheduling Conference set for 11/13/14 at 10:30 a.m. is VACATED and RESET to 12/11/2014 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Parties shall submit the proposed scheduling order no later than 12/4/14, by Magistrate Judge Kristen L. Mix on 11/3/14.(morti, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01934-KLM
CITY OF MONTROSE,
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant’s Motion to Dismiss [#12], on
Plaintiff’s Motion for Leave to File First Amended Complaint [#15] (the “Motion to
Amend”), and on Plaintiff’s Motion for Second Extension of Time to File Response to
Motion to Dismiss [#16] (the “Motion for Extension”). This case is still in the earliest
stages of litigation, and a Scheduling Conference has not yet been held. Plaintiff has not
previously sought to amend his original Complaint [#1]. Accordingly,
IT IS HEREBY ORDERED that the Motion to Amend [#15] is GRANTED. The Clerk
of Court shall accept Plaintiff’s Amended Complaint [#1] for filing as of the date of this
IT IS FURTHER ORDERED that the Motion to Dismiss [#12] is DENIED as moot.
See, e.g., Strich v. United States, No. 09-cv-01913-REB-KLM, 2010 WL 14826, at *1 (D.
Colo. Jan. 11, 2010) (citations omitted) (“The filing of an amended complaint moots a
motion to dismiss directed at the complaint that is supplanted and superseded.”); AJB
Props., Ltd. v. Zarda Bar-B-Q of Lenexa, LLC, No. 09-2021-JWL, 2009 WL 1140185, at *1
(D. Kan. April 28, 2009) (finding that amended complaint superseded original complaint and
“accordingly, defendant’s motion to dismiss the original complaint is denied as moot”);
Gotfredson v. Larsen LP, 432 F.Supp.2d 1163, 1172 (D. Colo. 2006) (noting that
defendants’ motions to dismiss are “technically moot because they are directed at a
pleading that is no longer operative”).
IT IS FURTHER ORDERED that the Motion for Extension [#16] is DENIED as moot.
IT IS FURTHER ORDERED, sua sponte, that the Scheduling Conference set for
November 13, 2014 at 10:30 a.m. is VACATED and RESET to December 11, 2014 at
10:00 a.m. in Courtroom C-204 of the Byron G. Rogers United States Courthouse, 1929
Stout Street, Denver, Colorado.
IT IS FURTHER ORDERED that the parties shall submit their proposed scheduling
order pursuant to the District of Colorado Electronic Case Filing (“ECF”) Procedures. The
parties shall submit the proposed scheduling order no later than December 4, 2014.
Dated: November 3, 2014
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