JDK LLC et al v. Hodge et al
MINUTE ORDER. ORDERED that Defendant Hofmeister's Motion to Dismiss 19 and Defendants Paul Talbot and Brooke Talbots Motion to Dismiss 61 are DENIED as moot. Entered by Judge Philip A. Brimmer on 10/06/15.(jhawk, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00494-PAB-NYW
JDK LLC, a Colorado limited liability company,
JERRY KOLASSA, and
S. MARK SPOONE,
RONALD K. HODGE,
GREGG K. HODGE,
PAUL A. TALBOT,
FRANK O. HOFMEISTER,
JAMES E. SYLVESTER,
MAX 1 FINANCIAL LLC, a Colorado limited liability company, and
Entered by Judge Philip A. Brimmer
This matter is before the Court on Defendant Hofmeister’s Motion to Dismiss
[Docket No. 19] and Defendants Paul Talbot and Brooke Talbot’s Motion to Dismiss
[Docket No. 61]. On October 2, 2015, plaintif fs filed the First Amended Complaint
[Docket No. 80] pursuant to the Order [Docket No. 79] g ranting Plaintiffs’ Motion for
Leave to File First Amended Complaint [Docket No. 76]. Thus, the First Amended
Complaint became the operative pleading in this action, and the motions to dismiss
[Docket Nos. 19 and 61] are directed to an inoperative, superseded pleading. See,
e.g., Gilles v. United States, 906 F.2d 1386, 1389 (10th Cir. 1990) (“a pleading that has
been amended under Rule 15(a) supersedes the pleading it modifies”) (internal
quotation marks omitted). As such, the motions to dismiss are moot. It is
ORDERED that Defendant Hofmeister’s Motion to Dismiss [Docket No. 19] and
Defendants Paul Talbot and Brooke Talbot’s Motion to Dismiss [Docket No. 61] are
DENIED as moot.
DATED October 6, 2015.
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