Opinion
Civil Action No. 12-cv-01951-REB-KMT
10-23-2012
RONALD TOZZIE, and RITA TOZZIE, Plaintiffs, v. RAY L. HUGHES, P.C., and PUEBLO LAYWERS, P.C. d/b/a BUXMAN, KWITEK, & OHLSEN, P.C., Defendants.
Magistrate Judge Kathleen M. Tafoya
MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
"Plaintiff's Unopposed Motion for Leave to File Amended Complaint and Response" (Doc. No. 26, filed October 19, 2012) is GRANTED, pursuant to Fed. R. Civ. P. 15(a)(2). The Clerk of Court is directed to file Plaintiff's "Amended Complaint and Jury Demand" (Doc. No. 26-2).
Further, "Defendants Pueblo Lawyers' Fed. R. Civ. P. 12(b)(6) Motion to Dismiss" (Doc. No. 15) is DENIED without prejudice as moot based on the filing of Plaintiff's Amended Complaint. See Mohammed v. Holder, No. 07-cv-2697-MSK-BNB, 2009 WL 529549, at *3 (D. Colo. Mar. 2, 2009) (Because an amended complaint supercedes the original complaint, a motion to dismiss directed at the original complaint is properly denied as moot); see also Mink v. Suthers, 482 F.3d 1244, 1254 (10th Cir. 2007) ("[A]n amended complaint supercedes an original complaint and renders the original complaint without legal effect. . . . ") (citations and internal quotation marks omitted).