Brown v. High Country Trans, Inc et al

Filing 39

MINUTE ORDER; 35 Defendants Unopposed Motion to Attend Rule 16(b) Scheduling Conference by Telephone is GRANTED. 37 Plaintiffs Unopposed Motion to Amend Complaint Pursuant to Fed.R.Civ.P. 15(a) is GRANTED. 18 Defendant Clinton Shockleys Mot ion to Dismiss Pursuant to Fed. R. Civ.P. 12(b)(2) and 12(b)(6), 24 Defendant Rick Ledays Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2) and 12(b)(6) and 26 Defendants High Country Transportation and Kirk Crowleys Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) are DENIED AS MOOT, without prejudice against re-filing, because they are directed to an obsolete, inoperative pleading, by Magistrate Judge Michael J. Watanabe on 11/25/15.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02010-WJM-MJW
TERRANCE BROWN,
Plaintiff,
v.
HIGH COUNTRY TRANS. INC.,
KIRK CROWLEY,
CLINTON SHOCKLEY, and
RICK LEDAY,
Defendants.

MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that:
•

Defendants’ Unopposed Motion to Attend Rule 16(b) Scheduling
Conference by Telephone (Docket No. 35) is GRANTED; Counsel for
Defendants may appear at the December 17, 2015 scheduling conference
at 10:30 a.m. by telephoning chambers at the appointed time at (303) 8442403; all individuals appearing telephonically shall be on the line prior to
contacting chambers;

•

Plaintiff’s Unopposed Motion to Amend Complaint Pursuant to
Fed.R.Civ.P. 15(a) (Docket No. 37) is GRANTED, finding no objection
from Defendants and finding that Rule 15(a)(2) requires that leave be
freely granted;

•

Plaintiff shall file a proposed amended complaint without the strikethroughs and underlining no later than December 4, 2015; and

•

Defendant Clinton Shockley’s Motion to Dismiss Pursuant to Fed. R. Civ.
P. 12(b)(2) and 12(b)(6) (Docket No. 18), Defendant Rick Leday’s Motion
to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2) and 12(b)(6) (Docket No.
24), and Defendants High Country Transportation and Kirk Crowley’s
Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (Docket No. 26)
are DENIED AS MOOT, without prejudice against re-filing, because they

are directed to an obsolete, inoperative pleading. See 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).
Date: November 25, 2015