Opinion
Civil Case No. 10-cv-02032-REB-CBS.
October 18, 2010
ORDER
This matter is before me on the following: (1) defendant Matthew Finberg's Motion To Dismiss [#10] filed September 27, 2010; and (2) the Stipulation and Unopposed Motion for Clarification Regarding Motion To Dismiss [#14] filed October 15, 2010. I deny the motion to dismiss as moot, approve the stipulation, and grant the motion for clarification.
"[#10]" 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.
Finberg filed his motion to dismiss [#10] on September 27, 2010. The plaintiff filed an amended complaint [#12] on October 8, 2010. The filing of the amended complaint [#12] renders moot Finberg's motion to dismiss [#10]. In the stipulation and motion [#14], the plaintiff and Finberg seek an order directing that Finberg need not respond to the Motion To Dismiss [#10] and that Finberg shall have until October 25, 2010, to file a response to the amended complaint [#12]. In this order, I deny the Motion To Dismiss [#10] as moot and, therefore, no response to that motion is necessary. Under the rules of this court, it is appropriate that Finberg have until October 25, 2010, to file a response to the amended complaint [#12].
THEREFORE, IT IS ORDERED as follows:
1. That defendant Matthew Finberg's Motion To Dismiss [#10] filed September 27, 2010, is DENIED as moot;
2. That the Stipulation and Unopposed Motion for Clarification Regarding Motion To Dismiss [#14] filed October 15, 2010, is APPROVED and GRANTED on the terms stated in this order; and
3. That defendant Matthew Finberg shall have until October 25, 2010, to file a response to the amended complaint [#12].
Dated October 18, 2010, at Denver, Colorado.