Doe et al v. Woodard et al

Filing 36

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 8/21/15. County Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) # 31 is DENIED as moot. (lgale, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01165-KLM
JANE DOE, and
I.B., by her mother and next friend, Jane Doe,
Plaintiffs,
v.
APRIL WOODARD, El Paso County Department of Human Services caseworker,
individually;
CHRISTINA NEWBILL, Supervisor, El Paso County Department of Human Services,
individually;
SHIRLEY RHODUS, Children, Youth and Family Services Director, El Paso County
Department of Human Services, individually;
RICHARD BENGTSSON, individually, and in his official capacity as Executive Director, El
Paso County Department of Human Services for prospective relief;
REGGIE BICHA, Executive Director of the Colorado Department of Human Services, in his
official capacity for prospective relief; and
EL PASO COUNTY BOARD OF COUNTY COMMISSIONERS, comprised of Sallie Clark,
Darryl Glenn, Dennis Hisey, Amy Lathen, and Peggy Littleton, in their official capacity,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiffs’ First Amended Complaint [#34]1.
Plaintiff’s First Amended Complaint was filed as a matter of course pursuant to Fed. R. Civ.
P. 15(a)(1)(B). See Notice of Filing of Amended Complaint [#35] at 1. As a result, the
motion to dismiss [#31] filed by certain Defendants in response to the Complaint [#1] is
moot. Accordingly,
IT IS HEREBY ORDERED that the County Defendants’ Motion to Dismiss Pursuant
to Fed. R. Civ. P. 12(b)(6) [#31] is DENIED as moot. See, e.g., Strich v. United States,

1

“[#34]” is an example of the convention I use to identify the docket number assigned to
a specific paper by the Court’s case management and electronic case filing system (CM/ECF). I
use this convention throughout this Minute Order.

1

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complaint that is supplanted and superseded.”); AJB Props., Ltd.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. Apr. 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that amended complaint superseded original complaint and “accordingly, defendant’s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: August 21, 2015

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