Fuchs v. Sanders

Full title: VANESSA FUCHS and BETHANY FUCHS, a child through her next friend VANESSA…

Court: United States District Court, D. Colorado

Date published: Jan 5, 2009

Civil Case No. 08-cv-00580-PAB-KLM (D. Colo. Jan. 5, 2009)

Opinion

Civil Case No. 08-cv-00580-PAB-KLM.

January 5, 2009

ORDER

PHILIP BRIMMER, District Judge

This matter is before the Court on defendant's Motion to Dismiss Plaintiff Bethany Fuchs' Complaint [Docket No. 7] filed on May 9, 2008. Plaintiffs responded to the motion to dismiss on June 6, 2008 [Docket No. 15] and filed an Amended Complaint and Jury Demand ("Amended Complaint") [Docket No. 16] contemporaneously. Plaintiff then sought leave of the Court to file its Amended Complaint, which Magistrate Judge Kristen L. Mix granted on June 16, 2008 [Docket No. 19]. Thus, as of June 16, 2008, the operative pleading was the Amended Complaint. Defendant's motion to dismiss is therefore directed to an inoperative, superseded pleading.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.

Therefore, it is

ORDERED that the motion to dismiss [Docket No. 7] is Denied as moot.