Finau v. Mountain Prairie, LLC

Filing 14

MINUTE ORDER denying as moot 2 Motion to Dismiss, by Magistrate Judge Kristen L. Mix on 3/09/2015.(slibi, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 15-cv-00322-KLM SIONE FINAU, Plaintiff, v. MOUNTAIN PRAIRIE, LLC, Defendant. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Defendant’s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) [#2] (the “Motion”). On March 5, 2015, Plaintiff filed an Amended Complaint [#11] pursuant to Fed. R. Civ. P. 15(a)(1). Accordingly, IT IS HEREBY ORDERED that the Motion to Dismiss [#2] 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(“The filing of an amended complaint moots a motion to dismiss directed at the complaint that is supplanted and superseded.”); Gotfredson v. Larsen LP, 432 F. Supp. 2d 1163, 1172 (D. Colo. 2006) (noting that defendants’ motions to dismiss are “technically moot because they are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: March 9, 2015

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