Rocky Ridge West, LLC v. Oxy USA, Inc. et al

Filing 73

Minute Order. ORDERED that defendant TRNCO Petroleum Corporation's Motion to Dismiss 31 is DENIED as moot. Entered by Judge Philip A. Brimmer on 04/12/16.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02572-PAB-KLM
ROCKY RIDGE WEST, LLC,
Plaintiff,
v.
OXY USA, INC.,
DAWSON GEOPHYSICAL COMPANY,
TRNCO PETROLEUM CORPORATION, and
MCDONALD LAND SERVICES, LLC,
Defendants.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on defendant TRNCO Petroleum Corporation’s
Motion to Dismiss [Docket No. 31]. On April 8, 2016, plaintiff filed an Amended
Complaint [Docket No. 71] pursuant to the Minute Order [Docket No. 52] g ranting
plaintiff’s Motion to Amend Complaint [Docket No. 35]. Thus, the Amended Complaint
became the operative pleading in this action, and the Motion to Dismiss [Docket No. 31]
is directed to an inoperative, superseded pleading. See, e.g., Gilles v. United States,
906 F.2d 1386, 1389 (10th Cir. 1990) (“a pleading that has been amended under Rule
15(a) supersedes the pleading it modifies”) (internal quotation marks omitted). As such,
the motion to dismiss is moot. It is
ORDERED that defendant TRNCO Petroleum Corporation’s Motion to Dismiss
[Docket No. 31] is DENIED as moot.
DATED April 12, 2016.