Opinion
Civil Action No. 11-cv-02633-PAB-KLM
01-23-2012
MARSHA R. BREWER, Plaintiff, v. SCHOOL BOARD OF MIAMI-YODER SCHOOL DISTRICT JT-60, RICHARD WALTER, in his individual capacity, and JIM DAY, in his individual capacity, Defendants.
MINUTE ORDER
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff's Unopposed Motion to Amend Complaint and Jury Demand [Docket No. 22; Filed January 20, 2012] (the "Motion"). The Motion is unopposed and timely, as no case management deadlines have been scheduled. Accordingly, pursuant to Fed. R. Civ. P. 15(a)(2),
IT IS HEREBY ORDERED that the Motion is GRANTED. The Clerk of Court is directed to enter the Amended Complaint and Jury Demand located at Docket No. 22-1, effective as of the date of this Minute Order.
IT IS FURTHER ORDERED that Defendants shall answer or otherwise respond to the Amended Complaint and Jury Demand on or before February 24, 2012.
IT IS FURTHER ORDERED that Defendants' Motion to Dismiss [Docket No. 14; Filed November 23, 2011] is DENIED AS MOOT, in light of the entry of the Amended Complaint. See, e.g., Strich v. United States, No. 09-cv-01913-REB-KLM, 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("The filing of an amended complaint moots a motion to dismiss directed at the complaint that is supplanted and superseded."); AJB Props., Ltd.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, No. 09-2021-JWL, 2009 WL 1140185, at *1 (D. Kan. April 28, 2009) (finding that amended complaint superseded original complaint and "accordingly, defendant's motion to dismiss the original complaint is denied as moot"); Gotfredson v. Larsen LP, 432 F. Supp. 2d 1163, 1172 (D. Colo. 2006) (noting that defendants' motions to dismiss are "technically moot because they are directed at a pleading that is no longer operative").
The Scheduling Conference remains set at April 5, 2012, at 10:30 a.m. [#21].