Frasier v. Evans, et al

Filing 20

MINUTE ORDER finding as moot 17 Defendant's Motion to Dismiss, by Magistrate Judge Kristen L. Mix on 09/29/15.(nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01759-REB-KLM
LEVI FRASIER,
Plaintiff,
v.
CHRISTOPHER L. EVANS, Denver Police Officer, #05151,
CHARLES C. JONES, Denver Police Officer, #04120,
JOHN H. BAUER, Denver Police Officer, #970321,
RUSSELL BOTHWELL, Denver Police Officer, #94015,
CITY AND COUNTY OF DENVER, COLORADO, and
AS YET UNIDENTIFIED DENVER POLICE OFFICERS,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendants’ Motion to Dismiss [#17]1 (the
“Motion”) and Plaintiff’s First Amended Complaint and Jury Demand [#19] (the
“Amended Complaint”), filed on September 27, 2015. Because the Motion is directed at
Plaintiff’s Complaint [#1] which has been superceded by Plaintiff’s Amended Complaint, the
Motion is moot. Accordingly,
IT IS HEREBY ORDERED that Defendants’ Motion [#17] is DENIED as moot. See,
e.g., Strich v. United States, 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dismiss directed at the complaint that is supplanted and superseded.”); AJB Props., Ltd.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28, 2009) (finding that amended complaint superseded original complaint and “accordingly,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

1

“[#17]” 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.

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operative”).
Dated: September 29, 2015

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