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Taylor v. Colorado Dep't of Health Care Policy & Fin.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
May 21, 2012
Civil Action No. 12-cv-00300-PAB-KMT (D. Colo. May. 21, 2012)

Opinion

Civil Action No. 12-cv-00300-PAB-KMT

05-21-2012

LESLIE TAYLOR, CAROLINE NICHOLE COOKE, JACOB COOKE, and COLORADO CROSS-DISABILITY COALITION, a Colorado nonprofit organization, Plaintiffs, v. COLORADO DEPARTMENT OF HEALTH CARE POLICY AND FINANCING and SUE BIRCH, in her official capacity as Executive Director of the Colorado Department of Health Care Policy and Financing, Defendants.


MINUTE ORDER

Entered by Judge Philip A. Brimmer

This matter is before the Court on defendants' Motion to Dismiss [Docket No. 11]. On May 14, 2012, plaintiffs filed an Amended Complaint [Docket No. 22] under 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became the operative pleading in this action, and the Motion to Dismiss [Docket No. 11] is directed to an inoperative, superseded pleading.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 defendants' Motion to Dismiss [Docket No. 11] is DENIED as moot.


Summaries of

Taylor v. Colorado Dep't of Health Care Policy & Fin.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
May 21, 2012
Civil Action No. 12-cv-00300-PAB-KMT (D. Colo. May. 21, 2012)
Case details for

Taylor v. Colorado Dep't of Health Care Policy & Fin.

Case Details

Full title:LESLIE TAYLOR, CAROLINE NICHOLE COOKE, JACOB COOKE, and COLORADO…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: May 21, 2012

Citations

Civil Action No. 12-cv-00300-PAB-KMT (D. Colo. May. 21, 2012)