MENGES v. ABF FREIGHT SYSTEM, INC.

Full title: DAVID MENGES, Plaintiff, v. ABF FREIGHT SYSTEM, INC., Defendant

Court: United States District Court, D. Colorado

Date published: May 16, 2008

Civil Action No. 08-cv-00305-EWN-MEH (D. Colo. May. 16, 2008)

Opinion

Civil Action No. 08-cv-00305-EWN-MEH.

May 16, 2008

ORDER

EDWARD NOTTINGHAM JR., District Judge

This matter is before the court on: (1) "Defendant's Motion to Dismiss," filed March 5, 2008; and (2) "Defendant's Motion to Dismiss Plaintiff's Amended Complaint," filed March 31, 2008. On March 17, 2008, Plaintiff filed his first amended complaint. (Am. Compl. and Jury Demand [filed Mar. 17, 2008].) On April 25, 2008, Plaintiff filed his second amended complaint. (Second Am. Compl. and Jury Demand [filed Apr. 25, 2008].) Because both of Defendant's motions are directed at inoperative pleadings, they are hereby denied as moot. See Gilles v. United States, 906 F.2d 1386, 1389 (10th Cir. 1990).

Based on the foregoing it is therefore ORDERED that:

1. Defendant's first motion to dismiss (#8) is DENIED as moot; and

2. Defendant's second motion to dismiss (#16) is DENIED as moot.