Opinion
Civil Action No. 15-cv-00839-REB-KMT
10-09-2015
NATIONAL FEDERATION OF THE BLIND, et al., Plaintiffs, v. PETSMART, INC., Defendant.
ORDER DENYING AS MOOT MOTION TO STRIKE CLASS ALLEGATIONS
Blackburn, J.
The matters before me are (1) Defendant's Partial Motion To Dismiss Plaintiffs' Complaint as Moot and Memorandum of Law [#37], filed September 14, 2015; and (2) Defendant's Motion To Strike Plaintiffs' Class Allegations and Memorandum of Law [#38], filed September 14, 2015. After the motions were filed, however, plaintiff filed an Amended Class Action Complaint and Jury Demand [#45], filed October 8, 2015. See FED. R. CIV. P. 15(a)(1)(B).
"[#37]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order.
With the consent of the magistrate judge, the prior Order of Reference [#39], filed September 15, 2015, of this motion is withdrawn. --------
The filing of an amended complaint moots a motion directed at the superceded complaint.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). Thus, the currently pending motions will be denied without prejudice.
THEREFORE, IT IS ORDERED as follows:
1. That with the consent of the magistrate judge, the Order of Reference [#39], filed September 15, 2015, is withdrawn;
2. That Defendant's Partial Motion To Dismiss Plaintiffs' Complaint as Moot and Memorandum of Law [#37], filed September 14, 2015, is denied without prejudice as moot; and
3. That Defendant's Motion To Strike Plaintiffs' Class Allegations and Memorandum of Law [#38], filed September 14, 2015, is denied without prejudice as moot.
Dated October 9, 2015, at Denver, Colorado.
BY THE COURT:
/s/_________
Robert E. Blackburn
United States District Judge