Opinion
1:24-cv-276-JMC-SCY
12-09-2024
N.S, ARNOLD GACHUPIN, and JUDY GACHUPIN, Plaintiffs, v. ALBUQUERQUE PUBLIC SCHOOLS; LOVIATA MITCHELL, in her individual capacity, and MANUEL ALZAGA, in his individual capacity, Defendants.
ORDER DENYING AS MOOT DEFENDANT ALBUQUERQUE PUBLIC SCHOOLS' MOTION FOR JUDGMENT ON THE PLEADINGS AS TO COUNTS VI AND I OF PLAINTIFFS' COMPLAINT
Joel M. Carson III United States Circuit Judge.
On July 24, 2024, Defendant Albuquerque Public Schools filed a motion for judgment on the pleadings (Doc. No. 53). On September 24, 2024, Plaintiffs filed an Amended Complaint (Doc. No. 74). The addition of N.S. as a plaintiff renders Defendant's motion moot. Once Plaintiffs filed the Amended Complaint, the original pleading no longer performed any function in the case. Defendant has answered the Amended Complaint. Any subsequent motions Defendant makes must be directed at the amended pleading. Davis v. TXO Production Corp., 929 F.2d 1515, 1517 (10th Cir. 1991). Accordingly, the Court DENIES AS MOOT Defendant Albuquerque Public Schools' Motion for Judgment on the Pleadings as to Counts VI and I of Plaintiffs' Complaint (Doc. No. 53).
IT IS SO ORDERED.