Filed: Nov. 24, 2014
Latest Update: Nov. 24, 2014
Summary: ORDER KENNETH J. GONZALEZ, District Judge. This matter comes before the Court upon Defendants' Motion to Dismiss Plaintiff's Complaint and for Qualified Immunity and Memorandum of Law in Support Thereof (Motion to Dismiss), filed on March 23, 2013. (Doc. 21). Plaintiff filed a response on April 5, 2013, and Defendants Michael Jimenez, Jon Saari, and the Board of County Commissioners of Grant County, New Mexico (collectively, the County Defendants) filed a reply on April 20, 2013. (Docs. 24 an
Summary: ORDER KENNETH J. GONZALEZ, District Judge. This matter comes before the Court upon Defendants' Motion to Dismiss Plaintiff's Complaint and for Qualified Immunity and Memorandum of Law in Support Thereof (Motion to Dismiss), filed on March 23, 2013. (Doc. 21). Plaintiff filed a response on April 5, 2013, and Defendants Michael Jimenez, Jon Saari, and the Board of County Commissioners of Grant County, New Mexico (collectively, the County Defendants) filed a reply on April 20, 2013. (Docs. 24 and..
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ORDER
KENNETH J. GONZALEZ, District Judge.
This matter comes before the Court upon Defendants' Motion to Dismiss Plaintiff's Complaint and for Qualified Immunity and Memorandum of Law in Support Thereof (Motion to Dismiss), filed on March 23, 2013. (Doc. 21). Plaintiff filed a response on April 5, 2013, and Defendants Michael Jimenez, Jon Saari, and the Board of County Commissioners of Grant County, New Mexico (collectively, the County Defendants) filed a reply on April 20, 2013. (Docs. 24 and 26). Plaintiff subsequently filed a First Amended Complaint on July 17, 2013. (Doc. 30). Then, on August 27, 2013, County Defendants filed Defendants' Motion for Summary Judgment which seeks summary judgment on all of the claims which Plaintiff raised against them in the First Amended Complaint. (Doc. 44). In light of the First Amended Complaint and Defendants' Motion for Summary Judgment which addresses the claims in the First Amended Complaint, the Court determines that the First Amended Complaint makes the Motion to Dismiss moot. See, e.g., Richardson v. Casual Male Retail Grp., Inc., 2011 WL 1811216 at *1 (W.D.N.C.) ("the filing of Plaintiff's amended complaint renders the defendants' pending motion to dismiss as moot.").
IT IS, THEREFORE, ORDERED that Defendants' Motion to Dismiss Plaintiff's Complaint and for Qualified Immunity and Memorandum of Law in Support Thereof (Doc. 21) is Denied a moot.
