Opinion
Civil Action No. 11-cv-01268-WYD-MEH
10-11-2011
GEORGE FARMER (a/k/a George L. Farmer), Plaintiff, v. BANCO POPULAR OF NORTH AMERICA, and JOHN DOES 1-100, Defendants.
MINUTE ORDER
Entered by Michael E. Hegarty , United States Magistrate Judge, on October 11, 2011.
In light of this Court's October 5, 2011 order accepting the Amended Complaint as filed and Defendant Banco Popular's notice informing the Court that it concurs its original Motion to Dismiss should be denied as moot, the Defendant Banco Popular's Motion to Dismiss Pursuant to Fed. R. Civ. P. 9(b), 12(b)(6) and 17(a) [filed June 30, 2011; docket #21] is denied without prejudice as moot. See Franklin v. Kansas Dep't of Corr., 160 F. App'x 730, 734 (10th Cir. 2005) ("An amended complaint supersedes the original complaint and renders the original complaint of no legal effect.") (citing Miller v. Glanz, 948 F. 2d 1562, 1565 (10th Cir. 1991)). As set forth in this Court's October 5, 2011 order, Defendant Banco Popular shall respond to the Amended Complaint in accordance with Fed. R. Civ. P. 15(a).