McClendon v. JBS USA, LLC

Filing 37

MINUTE ORDER denying as moot 22 Defendant's Partial Motion to Dismiss; granting 32 Motion to Allow Second Amended Complaint, by Magistrate Judge Michael E. Hegarty on 10/20/2015.(slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01255-REB-MEH
HILTON McCLENDON, JR,
Plaintiff,
v.
JBS USA, LLC.,
Defendant.
______________________________________________________________________________
MINUTE ORDER
______________________________________________________________________________
Entered by Michael E. Hegarty, United States Magistrate Judge, on October 20, 2015.
Plaintiff’s [Unopposed1] Motion to Allow Second Amended Complaint [filed October 8,
2015; docket #32] is granted. The Clerk of the Court is directed to file Plaintiff’s Second Amended
Complaint [see docket #32-2] as the operative complaint in the case.
In light of this order, Defendant’s Partial Motion to Dismiss [filed August 28, 2015; docket
#22] is denied as moot with leave to refile in response to the Second Amended Complaint. See
Franklin v. Kansas Dep’t of Corrs., 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.”).

1

The Court’s Minute Order of October 8, 2015, allowed Defendant to respond to
Plaintiff’s Motion on or before October 19, 2015. See docket #31. As Defendant did not
respond, the Motion is unopposed.