Martinez v. Health Care Partners Foundation Inc.

Filing 51

MINUTE ORDER; 48 Plaintiff's Motion for Leave Requesting to File an Amended Complaint is GRANTED. IT IS FURTHER ORDERED that the Clerk of Court shall accept Plaintiffs Amended Complaint [#48-2] for filing as of the date of this Minute Order. 7 Defendant Health Care Partners & Employees Motion to Dismiss is DENIED as moot, by Magistrate Judge Kristen L. Mix on 8/11/15.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02399-RM-KLM
MICHAEL ANGELO MARTINEZ,
Plaintiff,
v.
HEALTH CARE PARTNERS FOUNDATION, INC.,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant Health Care Partners & Employees’
Motion to Dismiss [#7]1 (the “Motion to Dismiss”) and on Plaintiff[’]s Motion for Leave
Requesting to File an Amended Complaint [#48] (the “Motion to Amend”). The Court
has reviewed the proposed Amended Complaint [#48-2] submitted by Plaintiff and finds that
the pleading should be accepted pursuant to Fed. R. Civ. P. 15(a)(2), which states in part
that “[t]he court should freely give leave when justice so requires.”
IT IS HEREBY ORDERED that the Motion to Amend [#48] is GRANTED.2
Accordingly,
IT IS FURTHER ORDERED that the Clerk of Court shall accept Plaintiff’s Amended
Complaint [#48-2] for filing as of the date of this Minute Order.
IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss [#7] 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a motion to dismiss directed at the complaint that is supplanted and superseded.”); AJB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

1

“[#7]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the Court’s case management and electronic case filing system (CM/ECF). I use
this convention throughout this Minute Order.
2

The Court may rule on a pending motion at any time. D.C.COLO.LCivR 7.1(d).

1

(D. Kan. Apr. 28, 2009) (finding that amended complaint superseded original complaint and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”).
Dated: August 11, 2015

2