Filed: Aug. 28, 2019
Latest Update: Aug. 28, 2019
Summary: ORDER TIMOTHY D. DeGIUSTI , Chief District Judge . Before the Court is Defendant's Partial Motion to Dismiss Plaintiff's Complaint [Doc. No. 10], filed on August 6, 2019. During the pendency of the motion, Plaintiff filed an Amended Complaint [Doc. No. 11]. This Amended Complaint supersedes Plaintiff's original pleading and renders it of no legal effect. See Davis v. TXO Prod. Corp., 929 F.2d 1515 , 1517 (10 th Cir. 1991); Predator Int'l, Inc. v. Gamo Outdoor USA, Inc., 793 F.3d 117
Summary: ORDER TIMOTHY D. DeGIUSTI , Chief District Judge . Before the Court is Defendant's Partial Motion to Dismiss Plaintiff's Complaint [Doc. No. 10], filed on August 6, 2019. During the pendency of the motion, Plaintiff filed an Amended Complaint [Doc. No. 11]. This Amended Complaint supersedes Plaintiff's original pleading and renders it of no legal effect. See Davis v. TXO Prod. Corp., 929 F.2d 1515 , 1517 (10 th Cir. 1991); Predator Int'l, Inc. v. Gamo Outdoor USA, Inc., 793 F.3d 1177..
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ORDER
TIMOTHY D. DeGIUSTI, Chief District Judge.
Before the Court is Defendant's Partial Motion to Dismiss Plaintiff's Complaint [Doc. No. 10], filed on August 6, 2019. During the pendency of the motion, Plaintiff filed an Amended Complaint [Doc. No. 11]. This Amended Complaint supersedes Plaintiff's original pleading and renders it of no legal effect. See Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991); Predator Int'l, Inc. v. Gamo Outdoor USA, Inc., 793 F.3d 1177, 1180-1181 (10th Cir. 2015); Mink v. Suthers, 482 F.3d 1244, 1254 (10th Cir. 2007). Thus, Defendant's motion directed at the Complaint is moot.
IT IS THEREFORE ORDERED that Defendant's Partial Motion to Dismiss [Doc. No. 10] is DENIED as moot, without prejudice to refiling a motion directed at the Amended Complaint.
IT IS SO ORDERED.
