Hawg Tools, LLC v. Newsco International Energy Service, Inc. et al

Filing 39

ORDER DENYING AS MOOT MOTION TO DISMISS: The Order of Reference [# 26 ] filed 11/26/2014 is WITHDRAWN, and Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2) and (6) [# 24 ] filed 11/26/2014 is DENIED WITHOUT PREJUDICE as moot. By Judge Robert E. Blackburn on 12/23/2014. (alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 14-cv-03011-REB-MJW
HAWG TOOLS, LLC, a Colorado limited liability company,
Plaintiff,
v.
NEWSO INTERNATIONAL ENERGY SERVICES, INC., aka NEWSCO INTERATIONAL
ENERGY SERVICES USA, INC., aka NEWSCO DIRECTIONAL & HORIZONTAL
SERVICES, INC., aka NEWSCO USA, INC., and
JOE FICKEN, an individual,
Defendants.

ORDER DENYING AS MOOT MOTION TO DISMISS
Blackburn, J.
The matter before me is Defendants’ Motion To Dismiss Pursuant to Fed. R.
Civ. P. 12(b)(2) and (6) [#24],1 filed November 26, 2014.2 After the motion was filed
plaintiff filed an Amended Complaint [#36], filed December 22, 2014. See FED. R. CIV.
P. 15(a)(1)(B). The filing of an amended complaint moots a motion to dismiss directed
at the superceded complaint. See Griggs v. Jornayvaz, 2009 WL 1464408 at *1 (D.
Colo. May 22, 2009); United States ex rel. Babb v. Northrop Grumman Corp., 2007
WL 1793795 at *1 (D. Colo. June 19, 2007). Therefore, the currently pending motion to
dismiss will be denied without prejudice.
1

“[#24]” 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 order.
2

With the consent of the magistrate judge, the extant Order of Reference [#26], filed November
26, 2014, of this motion is withdrawn.

THEREFORE, IT IS ORDERED as follows:
1. That the Order of Reference [#26], filed November 26, 2014, is
WITHDRAWN; and
2. That Defendants’ Motion To Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2)
and (6) [#24], filed November 26, 2014, is DENIED WITHOUT PREJUDICE as moot.
Dated December 23, 2014, at Denver, Colorado.
BY THE COURT:

2