Nash v. Wal-Mart et al

Filing 24

ORDER denying as moot 12 Motion to Dismiss by Magistrate Judge Michael E. Hegarty on 11/9/2015.(mdave, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 15-cv-02330-RM-MEH STEVEN NASH, Plaintiff, v. WAL-MART, and LOUISVILLE LADDER, INC., Defendant. ______________________________________________________________________________ MINUTE ORDER ______________________________________________________________________________ Entered by Michael E. Hegarty, United States Magistrate Judge, on November 9, 2015. In light of the “Amended Complaint” filed by the Plaintiff pursuant to Fed. R. Civ. P. 15(a) (docket #23), Defendant Louisville Ladder, Inc.’s Motion to Dismiss [filed October 27, 2015; docket #12] is denied as moot with leave to re-file, if Defendant so chooses, in response to the Amended Complaint. See Franklin v. Kansas Dep’t of Corr., 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.”).

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