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, )

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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(“The filing of an amended complaint moots a motion to dismiss directed at the complaint that is supplanted and superseded.”); AJB Props., Ltd.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 April 28, 2009) (finding that amended complaint superseded original complaint and “accordingly, defendant’s motion to dismiss the original complaint is denied as moot”); Gotfredson v. Larsen LP, 432 F.Supp.2d 1163,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

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