Baca et al v. Quick Bail Bond and Tax Service et al
Filing
35
ORDER GRANTING MOTION TO AMEND COMPLAINT AND DENYING RELATED MOTIONS AS MOOT by Magistrate Judge Gregory B. Wormuth, GRANTING 33 Motion to Amend Complaint; DENYING AS MOOT 34 Motion for Leave to File Rule 56(d) Affidavit of Counsel and Conduct Limited Discovery; DENYING AS MOOT 23 Defendant Thera Jan Wells' Motion to Dismiss for Lack of Personal Jurisdiction; DENYING AS MOOT 25 Defendant Shawn Wells' Motion to Dismiss for Lack of Personal Jurisdiction. (km)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JARED BACA, et al.,
Plaintiffs,
v.
Civ. No. 18‐16 JCH/GBW
QUICK BAIL BOND & TAX SERVICE, et al.,
Defendants.
ORDER GRANTING MOTION TO AMEND COMPLAINT AND DENYING
RELATED MOTIONS AS MOOT
This matter comes before the Court upon review of the record. On July 24, 2018,
Plaintiffs filed an Opposed Motion to Amend Plaintiff’s [sic] Complaint. Doc. 33.
Specifically, Plaintiffs seek to amend their Second Amended Complaint (doc. 12) to
remove Defendant Billy Wells, who is deceased, and to add the Estate of Billy Wells as
Defendant. Doc. 33 at 1.
Although Plaintiffs’ Motion indicates that counsel for Defendants expressed
verbal opposition to the Motion, Defendants failed to timely file a Response by August
7, 2018. See D.N.M.LR‐Civ. 7.4. Such failure constitutes consent to grant the Motion.
D.N.M.LR‐Civ. 7.1(b). Accordingly, the Court GRANTS Plaintiffs leave to file their
Third Amended Complaint, attached as Exhibit A to their Motion (doc. 33‐1).
Having granted this motion, the pending motions to dismiss the earlier
complaint are moot. See, e.g., Strich v. United States, 2010 WL 14826, at *1 (D. Colo. Jan.
11, 2010) (citations omitted) (“The filing of an amended complaint moots a motion to
dismiss directed at the complaint that is supplanted and superseded.”); AJB Props., Ltd.
v. Zarda Bar‐B‐Q of Lenexa, LLC, 2009 WL 1140185, at *1 (D. Kan. Apr. 28, 2009) (finding
that amended complaint superseded original complaint and “accordingly, defendant’s
motion to dismiss the original complaint is denied as moot”). With the denial of those
motions as moot, Plaintiff’s Opposed Motion for Leave of Court to File Rule 56(d)
Affidavit of Counsel and Conduct Limited Discovery (doc. 34) is also moot.
WHEREFORE, the Opposed Motion to Amend Plaintiff’s Complaint (doc. 33) is
GRANTED. Defendant Thera Jan Wells’ Motion to Dismiss for Lack of Personal
Jurisdiction (doc. 23) and Defendant Shawn Wells’ Motion to Dismiss for Lack of
Personal Jurisdiction (doc. 25) are DENIED AS MOOT. Plaintiff’s Opposed Motion for
Leave of Court to File Rule 56(d) Affidavit of Counsel and Conduct Limited Discovery
(doc. 34) is DENIED AS MOOT.
IT IS SO ORDERED.
____________________________________
GREGORY B. WORMUTH
UNITED STATES MAGISTRATE JUDGE
2
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