Verret et al v. City of Hobbs et al

Filing 51

ORDER denying as moot 4 , 5 , 6 , and 7 Defendants' motions to dismiss by Chief Magistrate Judge Carmen E. Garza. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
TONIA VERRET, et al.,
Plaintiffs,
v.

CV No. 17-913 CG/GJF

CITY OF HOBBS, et al.,
Defendants.
ORDER DENYING AS MOOT DEFENDANTS’ MOTIONS TO DISMISS
THIS MATTER is before the Court sua sponte. On November 15, 2017,
Defendants filed four motions to dismiss Plaintiffs’ claims against them. (Docs. 4, 5, 6,
and 7). On December 15, 2017, Plaintiffs filed a consolidated response to the motions,
(Doc. 32), and on January 9, 2018, Defendants filed a consolidated reply, (Doc. 35).
Plaintiffs recently filed an unopposed motion to amend their complaint, (Doc. 49), which
was granted by the Court, (Doc. 50). An amended complaint supersedes the original
complaint and renders the original complaint without legal effect. Mink v. Suthers, 482
F.3d 1244 (10th Cir. 2007). Because Defendants’ motions to dismiss are based on
Plaintiff’s original complaint, the motions are now moot. See GFF Corp. v. Associated
Wholesale Grocers, Inc., 130 F.3d 1381, 1383 (10th Cir. 1997) (noting that the plaintiff’s
filing of an amended complaint rendered the defendant’s motion to dismiss moot).
IT IS THEREFORE ORDERED that Defendants’ motions to dismiss (Docs. 4, 5, 6,
and 7) are DENIED AS MOOT.

________________________________
THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE