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, )

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.”).