Shields v. Duncan et al

Filing 103

ORDER denying as moot 55 Motion to Dismiss and 57 Motion to Dismiss. By Judge Raymond P. Moore on 5/13/2015.(tscha, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 14-cv-02231-RM-MEH
JONATHAN SHIELDS, et al.,
Plaintiff,
v.
JENNIFER DUNCAN (personal and official capacities as Plaintiff’s parole officer), et al.,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter is before the Court on the Motion to Dismiss filed by Defendants Denise
Balazic, Mary Baydarian, Richard Bednarski, Carl Blake, Allison Boyd, Jennifer Curtis, A.
Mervyn Davies, Cheryl Davies, Theresa Dawes, Jennifer Duncan, Amy Fitch, Jeff Geist, Missy
Gursky, Peggy Heil, William Hildebrand, Erin Jemison, Jeff Jenks, Nancy Johnson, Marcelo
Kopcow, Tom Leversee, Marjorie Lewis, Dianna Lwyer-Brook, Jessica Meza, Joe Morales, John
O'Dell, Rebecca Oakes, John Odenheimer, Alfredo Pena, Shefali Phillips, Rick Raemisch, Mimi
Scheuermann, Brandon Shaffer, Kyli Simms, Doug Stephens, Amy Tate, and Angel Weant (ECF
No. 55) and the Motion to Dismiss filed by Defendants Matthew Sullivan and Miranda Kennet.
(ECF No. 57, together the “Motions to Dismiss.”) Both motions seek dismissal of Plaintiffs’
Second Amended Complaint (ECF No. 27) pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6).
Subsequent to Defendants’ filing the Motions to Dismiss, Plaintiffs filed a “Motion for Leave to
File [a] Proposed Third Amended Complaint” (ECF No. 87) on April 15, 2015. That motion was
granted by Magistrate Judge Hegarty on May 13, 2015 (ECF No. 101) and Plaintiffs filed their
Third Amended Complaint that same day. (ECF No. 102.) As Plaintiffs have now filed a

superseding complaint, which is the operative pleading in this case, the Court finds that the
Motions to Dismiss are moot. Accordingly, it is hereby ORDERED that:
1. The Motion to Dismiss filed by Denise Balazic, Mary Baydarian, Richard Bednarski,
Carl Blake, Allison Boyd, Jennifer Curtis, A. Mervyn Davies, Cheryl Davies, Theresa Dawes,
Jennifer Duncan, Amy Fitch, Jeff Geist, Missy Gursky, Peggy Heil, William Hildebrand, Erin
Jemison, Jeff Jenks, Nancy Johnson, Marcelo Kopcow, Tom Leversee, Marjorie Lewis, Dianna
Lwyer-Brook, Jessica Meza, Joe Morales, John O'Dell, Rebecca Oakes, John Odenheimer,
Alfredo Pena, Shefali Phillips, Rick Raemisch, Mimi Scheuermann, Brandon Shaffer, Kyli
Simms, Doug Stephens, Amy Tate, and Angel Weant (ECF No. 55) is DENIED as moot;
2. The Motion to Dismiss filed by Defendants Matthew Sullivan and Miranda Kennet
(ECF No. 57) is DENIED as moot;
DATED this 13th day of May, 2015.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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