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, )

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motion to dismiss directed at the complaint that is supplanted and superseded.”);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