Sanchez et al v. Simply Right, Inc. et al

Filing 22

MINUTE ORDER denying as moot 12 Motion to Dismiss; granting 19 Motion for Leave to File First Amended Complaint, by Magistrate Judge Michael E. Hegarty on 7/09/2015.(slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00974-RM-MEH
AURELIO SANCHEZ,
DOMINGO SANCHEZ,
DANIEL HERNANDEZ,
MIGUEL ANGEL GODOY,
JOSE LUIS ARREOLA,
BENITA ARREOLA, and
CLARA ARRELOA,
Plaintiffs,
v.
SIMPLY RIGHT, INC.,
CINEMARK USA, INC.,
DANIEL KILGORE, and
BEATRICE PERMAN,
Defendants.
______________________________________________________________________________
MINUTE ORDER
______________________________________________________________________________
Entered by Michael E. Hegarty, United States Magistrate Judge, on July 9, 2015.
In the interests of justice and judicial efficiency, the Plaintiffs’ Motion for Leave to File First
Amended Complaint [filed July 9, 2015; docket #19] is granted. Plaintiffs shall file a clean copy
of their First Amended Collective Action Complaint for Unpaid Wages on or before July 13, 2015.
In light of this order, Defendant Cinemark’s Motion to Dismiss [filed June 19, 2015; docket
#12] is denied as moot with leave to re-file, if Defendant so chooses, in response to the amended
complaint. See Franklin v. Kansas Dep’t of Corr., 160 F. App’x 730, 734 (10th Cir. 2005) (“An
amended complaint supersedes the original complaint and renders the original complaint of no legal
effect.”) (citing Miller v. Glanz, 948 F. 2d 1562, 1565 (10th Cir. 1991)); see also Robinson v. Dean
Foods Co., No. 08-cv-01186-REB-CBS, 2009 WL 723329, at *4 (D. Colo. Mar. 18, 2009) (citation
omitted) (“Generally, when an amended complaint is filed, the previous complaint is wiped out and
the operative complaint is the most recently filed version.”).