Opinion
Civil Case No. 11-cv-01827-REB-KMT
08-23-2011
MARY BASILE, Plaintiff, v. MISSIONARY SISTERS OF THE SACRED HEART OF JESUS, and THE MOTHER CABRINI SHRINE, Defendants.
Judge Robert E. Blackburn
ORDER DENYING AS MOOT MOTIONS TO DISMISS
Blackburn , J.
The matters before me are (1) defendant The Missionary Sisters of the Sacred Heart d/b/a Mother Cabrini Shrine, Inc., misnamed in the caption as The Mother Cabrini Shrine's, Partial Motion To Dismiss [#4] filed July 14, 2011; and (2) Defendant Missionary Sisters of the Sacred Heart of Jesus-Stella Maris Province's Rule 12(e) Motion for a More Definite Statement [#12] filed July 26, 2011. After the motions were filed, plaintiff filed an Unopposed Motion To File First Amended Complaint and Jury Demand [#18] on August 16, 2011. The magistrate judge subsequently granted leave to file the amended complaint (Minute Order [#20] filed August 17, 2011), which has now been docketed (First Amended Complaint and Demand for Jury Trial [#21] filed August 17, 2011).
"[#4]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
The filing of an amended complaint moots a motion to dismiss directed at the superceded complaint. See Griggs v. Jornayvaz, 2009 WL 1464408 at *1 (D. Colo. May 22, 2009); United States ex rel. Babb v. Northrop Grumman Corp., 2007 WL 1793795 at *1 (D. Colo. June 19, 2007). Moreover, plaintiff sought leave to amend in order to address the deficiencies noted in the motion to dismiss and motion for a more definite statement. Therefore, the motions are moot and, thus, will be denied without prejudice.
THEREFORE, IT IS ORDERED as follows:
1. That Partial Motion To Dismiss [#4] filed July 14, 2011, is DENIED WITHOUT PREJUDICE as moot; and
2. That Defendant Missionary Sisters of the Sacred Heart of Jesus-Stella Maris Province's Rule 12(e) Motion for a More Definite Statement [#12] filed July 26, 2011, is DENIED WITHOUT PREJUDICE as moot.
Dated August 23, 2011, at Denver, Colorado.
BY THE COURT:
Robert E. Blackbum
United States District Judge