Opinion
Civil Action No. 12-cv-00653-MSK-MEH
05-02-2012
PATRICIA PEREZ, an individual, on behalf of herself and others similarly situated, Plaintiff, v. PINON MANAGEMENT, INC., PONDEROSA CARE COMMUNITIES A LCC, NORTH STAR COMMUNITY, and DOES 1 through 10, Defendants.
MINUTE ORDER
Entered by Michael E. Hegarty , United States Magistrate Judge, on May 2, 2012.
Pending before the Court is Defendants' Motion to Dismiss [filed April 9, 2012; docket #11]. The matter has been referred to the Court for disposition. (Docket #15.) Pursuant to Fed. R. Civ. P. 15(a)(1)(B), Plaintiff filed her first Amended Complaint "as a matter of course" exactly 21 days after she received service of Defendants' Motion to Dismiss. (Docket #16.) Therefore, Defendants' Motion to Dismiss [filed April 9, 2012; docket #11] is denied 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)).