Opinion
Civil Action No. 12-cv-00300-PAB-KMT
05-21-2012
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became the operative pleading in this action, and the Motion to Dismiss [Docket No. 11] is directed to an inoperative, superseded pleading.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.