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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 “The filing of an amended complaint moots a motion to dismiss directed at the complaint that is supplanted and superseded.”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