Gray et al v. Knight Security and Patrol, Inc. et al

Filing 21

Minute Order. Plaintiff's motion 18 is granted and the amendedcomplaint is deemed withdrawn 13 . Entered by Judge Philip A. Brimmer on 02/09/17. (jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-03086-PAB-KLM
JESSE R. GRAY,
JONATHAN VEATCH, and
DANIELLE COCHRAN, individuals on behalf of themselves and all others similarly
situated,
Plaintiffs,
v.
KNIGHT SECURITY AND PATROL, INC., a Colorado corporation, and
RYAN M. KNIGHT, an individual,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
Entered by Judge Philip A. Brimmer
This matter is before the Court on plaintiffs’ Motion to Withdraw Amended
Complaint and Enter Default Against Defendants [Docket No. 18]. An amended
complaint supersedes the original complaint and renders it of no legal effect. Int’l
Controls Corp. v. Vesco, 556 F.2d 665, 668 (2d Cir. 1977). However, where service is
required under Fed. R. Civ. P. 5(a), the amended complaint does not supersede the
original complaint until it is served. Id. at 669. Rule 5(a) requires service on a party in
default if a pleading asserts a new claim for relief against such party. Fed. R. Civ. P.
5(a)(2).
The amended complaint in this case added a new claim against all defendants.
Compare Docket No. 13 at 14, ¶¶ 72-73 with Docket No. 1 at 13, ¶¶ 68-73. Therefore,
it was required to be served in accordance with Rule 5(a). However, because the
amended complaint has not been served, it has not superseded the original complaint.
Accordingly, plaintiff’s motion [Docket No. 18] is granted and the amended
complaint is deemed withdrawn [Docket No. 13].
DATED: February 9, 2017.