Lassley et al v. Aminokit Laboratories, Inc. et al

Filing 43

MINUTE ORDER denying as moot 34 Defendant Jonathan Lee, M.D.'s Joiner in White Lodging Services Corporation's Partial Motion to Dismiss Based on Statute of Limitations; granting 41 Plaintiffs' Unopposed Motion to Amend Complaint; denying as moot 16 White Lodging Services Corporation's Partial Motion to Dismiss Based on Statute of Limitations; denying as moot 23 Jonathan Lee, M.D.'s Motion to Dismiss for Lack of Jurisdiction, by Magistrate Judge Michael J. Watanabe on 10/15/2015.(slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01531-REB-MJW
BRANDON LASSLEY, and
JULIA WALKER,
Plaintiffs,
v.
AMINOKIT LABORATORIES, INC., a Colorado corporation d/b/a/ Treatment Centers
XL,
TAMEA RAE SISCO, individually and as beneficial owner of Aminokit Laboratories, Inc.,
JONATHAN LEE, M.D., and
WHITE LODGING SERVICES CORPORATION, an Indiana corporation,
Defendants.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that:
•

Plaintiffs’ Unopposed Motion to Amend Complaint (Docket No. 41) is
GRANTED, finding that the motion is unopposed and that leave to amend
shall be freely given under Fed. R. Civ. P. 15(a)(2);

•

The proposed Amended Complaint (Docket No. 41-1) is ACCEPTED FOR
FILING;

•

White Lodging Services Corporation's Partial Motion To Dismiss Based
On Statute Of Limitations (Docket No. 16) is DENIED AS MOOT because
it is directed to an inoperative and superseded pleading, see, e.g., Gilles
v. United States, 906 F.2d 1386, 1389 (10th Cir. 1990) (stating that “a
pleading that has been amended under Rule 15(a) supersedes the
pleading it modifies”) (internal quotation marks omitted); Brunet v.
Quiznos, 2008 WL 4380590 (D. Colo. Sept. 24, 2008);

•

Defendant Jonathan Lee, M.D.'s Motion To Dismiss For Lack Of
Jurisdiction (Docket No. 23) is DENIED AS MOOT; and

•

Defendant Jonathan Lee, M.D.'s Joinder in White Lodging Services

Corporation's Partial Motion To Dismiss Based On Statute Of Limitations
(Docket No. 34) is DENIED AS MOOT.
Date: October 15, 2015