Viesti Assocs., Inc. v. Pearson Educ., Inc.

Full title: VIESTI ASSOCIATES, INC., Plaintiff, v. PEARSON EDUCATION, INC., Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Apr 13, 2012

Civil Action No. 11-cv-01687-PAB-DW (D. Colo. Apr. 13, 2012)

Opinion

Civil Action No. 11-cv-01687-PAB-DW

04-13-2012

VIESTI ASSOCIATES, INC., Plaintiff, v. PEARSON EDUCATION, INC., Defendant.

Philip A. Brimmer

MINUTE ORDER

Entered by Judge Philip A. Brimmer

This matter is before the Court on defendant's Motion to Dismiss [Docket No. 19]. On April 13, 2012, plaintiff filed a First Amended Complaint [Docket No. 63] pursuant to the Order [Docket No. 62] granting plaintiff's Motion for Leave to File First Amended Complaint [Docket No. 58]. Thus, the First Amended Complaint became the operative pleading in this action, and the Motion to Dismiss [Docket No. 19] is directed to an inoperative, superseded pleading.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's Motion to Dismiss [Docket No. 19] is DENIED as moot.