Hollingsworth v. McDonald

Filing 37

MINUTE ORDER; Defendant's 16 Partial Motion to Dismiss Pursuant to Rule 12(b)(6) is DENIED as moot, by Magistrate Judge Kristen L. Mix on 10/9/15.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03484-MSK-KLM
TYLENE E. HOLLINGSWORTH, an individual,
Plaintiff,
v.
ROBERT A. MCDONALD, in his official capacity as Secretary of the Department of
Veterans Affairs,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant’s Partial Motion to Dismiss Pursuant
to Rule 12(b)(6) [#16] (the “Motion”). Subsequent to the filing of this Motion, Plaintiff filed
an Amended Complaint [#28], to which Defendant filed an Answer [#33]. Accordingly,
IT IS HEREBY ORDERED that the Motion [#16] 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dismiss directed at the complaint that is supplanted and superseded.”); AJB Props., Ltd.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April 28, 2009) (finding that amended complaint superseded original complaint and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”).
Dated: October 9, 2015