HomeMy WebLinkAbout2018CV217 - MONTGOMERY V. CHERNAK, HOWARD & BROUGH - 020 - MINUTE ORDER DENYING AS MOOT MOTION TO DMISS AND MOTION TO STAYIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 18-cv-00217-REB-KLM
WILLIAM MONTGOMERY,
Plaintiff,
v.
MATTHEW CHERNAK,
MIKE HOWARD, and
MATTHEW BROUGH,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendants’ Motion to Dismiss [#10] (the
“Motion to Dismiss”), and Defendants’ Motion to Stay Proceedings and to Vacate
Scheduling Conference [#12] (the “Motion to Stay”). On April 25, 2018, after these
Motions were filed, Plaintiff filed an Amended Complaint [#14]. “The filing of an amended
complaint moots a motion to dismiss directed at the complaint that is supplanted and
superseded.” See, e.g., Strich v. United States, No. 09-cv-01913-REB-KLM, 2010 WL
14826, at *1 (D. Colo. Jan. 11, 2010) (citations omitted). Accordingly,
IT IS HEREBY ORDERED that the Motion to Dismiss [#10] filed on April 4, 2018,
is DENIED as moot.1
IT IS FURTHER ORDERED that the Motion to Stay [#12] is DENIED as moot.
Dated: May 11, 2018
1 On May 9, 2018, Defendants filed a renewed Motion to Dismiss [#17] directed at the
Amended Complaint [#14].
Case 1:18-cv-00217-REB-KLM Document 20 Filed 05/11/18 USDC Colorado Page 1 of 1