Johnson v. Department of Public Works et al

Filing 32

MINUTE ORDER. ORDERED that defendants' Motions to Dismiss [Docket Nos. 8 and 26] are DENIED as moot by Judge Philip A. Brimmer on 02/23/15.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02095-PAB-KMT
ERIC JOHNSON,
Plaintiff,
v.
DEPARTMENT OF PUBLIC WORKS et al.,
Defendants.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on defendant City and County of Denver’s Motion
to Dismiss [Docket No. 8] and Defendants Billings, Lutz, Williams, Pitt and Villa’s
Motion to Dismiss [Docket No. 26]. On February 23, 2015, plaintiff filed an Amended
Complaint [Docket No. 31] pursuant to the Minute Order [Docket No. 27] g ranting
Plaintiff’s Motion to Amend Complaint [Docket No. 17]. Thus, the Amended Complaint
became the operative pleading in this action, and the Motions to Dismiss [Docket Nos.
8 and 26] are directed to an inoperative, superseded pleading. See, e.g., Gilles v.
United States, 906 F.2d 1386, 1389 (10th Cir. 1990) (“a plea ding that has been
amended under Rule 15(a) supersedes the pleading it modifies”) (internal quotation
marks omitted). As such, the motions to dismiss are moot. It is
ORDERED that defendants’ Motions to Dismiss [Docket Nos. 8 and 26] are
DENIED as moot.
DATED February 23, 2015.