Opinion
Civil Action No. 11-cv-01307-PAB-BNB
08-09-2011
THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff, v. TONI GUDDENDORF, CAROL J. MERRIT, GEORGE E. GUDDENDORF, and KIRK GUDDENDORF, Defendants.
MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on defendant Toni Guddendorf's Motion to Dismiss [Docket No. 15]. On August 9, 2011, plaintiff filed an Amended Complaint [Docket No. 21] pursuant to Fed. R. Civ. P. 15(a)(1). Thus, the Amended Complaint became the operative pleading in this action, and the Motion to Dismiss [Docket No. 15] is directed to an inoperative, superseded pleading.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. It is
ORDERED that defendant Toni Guddendorf's Motion to Dismiss [Docket No. 15] is DENIED as moot.