Opinion
Civil Action 20-cv-02532-PAB-STV
06-03-2022
HAUSCHILD GMBH & CO. KG, a German company, Plaintiff, v. FLACKTEK, INC., a South Carolina corporation, FLACKTEK MANUFACTURING, INC., a South Carolina corporation, and FLACKTEK SPEEDMIXER, INC., a South Carolina corporation, Defendants.
MINUTE ORDER
Philip A. Brimmer, Chief Judge
This matter is before the Court on Plaintiff's Partial Motion to Dismiss Counterclaim and Motion to Strike Affirmative Defenses [Docket No. 65]. Defendants have filed an amended answer, Defendants' First Amended Partial Answer, Affirmative Defenses and Counterclaims [Docket No. 73], which became the operative answer in this action. In light of defendants' amended answer, counterclaims, and affirmative defenses, the motion to dismiss is directed to an inoperative, superseded pleading.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 Plaintiff's Partial Motion to Dismiss Counterclaim and Motion to Strike Affirmative Defenses [Docket No. 65] is DENIED without prejudice as moot.