Opinion
Civil Action No. 13-cv-00036-PAB-KLM
02-27-2013
JARED PROCHNOW, and MATTHEW FOSTER Plaintiffs, v. FIDELITY MORTGAGE COMPANY, INC., Defendant.
MINUTE ORDER
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant's Motion to Dismiss [Docket No. 7; Filed January 14, 2013] (the "Motion"). The Motion was directed at Plaintiffs' original Complaint [#5]. On January 29, 2013, Plaintiffs filed an Amended Complaint [#9]. Defendant has since filed a new Motion to Dismiss [#12] aimed at the Amended Complaint. Accordingly,
IT IS HEREBY ORDERED that the Motion [#7] is DENIED as moot. 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("The filing of an amended complaint moots a motion to dismiss directed at the complaint that is supplanted and superseded."); Gotfredson v. Larsen LP, 432 F. Supp. 2d 1163, 1172 (D. Colo. 2006) (noting that defendants' motions to dismiss are "technically moot because they are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").