Awards Depot, LLC v. Trophy Depot, Inc., H-18-1838. (2018)
Court: District Court, S.D. Texas
Number: infdco20180822f45
Visitors: 11
Filed: Aug. 21, 2018
Latest Update: Aug. 21, 2018
Summary: ORDER LEE H. ROSENTHAL , Chief District Judge . On June 4, 2018, Awards Depot sued Trophy Depot seeking a declaratory judgment that Trophy Depot materially breached a prior settlement agreement between the parties. (Docket Entry No. 1). On July 30, Trophy Depot moved to dismiss and to transfer venue. (Docket Entry Nos. 8, 11). On August 16, Awards Depot filed its first amended complaint. (Docket Entry No. 15). Four days later, Awards Depot responded to the motion to dismiss and the motion
Summary: ORDER LEE H. ROSENTHAL , Chief District Judge . On June 4, 2018, Awards Depot sued Trophy Depot seeking a declaratory judgment that Trophy Depot materially breached a prior settlement agreement between the parties. (Docket Entry No. 1). On July 30, Trophy Depot moved to dismiss and to transfer venue. (Docket Entry Nos. 8, 11). On August 16, Awards Depot filed its first amended complaint. (Docket Entry No. 15). Four days later, Awards Depot responded to the motion to dismiss and the motion t..
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ORDER
LEE H. ROSENTHAL, Chief District Judge.
On June 4, 2018, Awards Depot sued Trophy Depot seeking a declaratory judgment that Trophy Depot materially breached a prior settlement agreement between the parties. (Docket Entry No. 1). On July 30, Trophy Depot moved to dismiss and to transfer venue. (Docket Entry Nos. 8, 11). On August 16, Awards Depot filed its first amended complaint. (Docket Entry No. 15). Four days later, Awards Depot responded to the motion to dismiss and the motion to transfer venue. (Docket Entry Nos. 16, 17). That same day, Trophy Depot moved to strike Awards Depot's response to the motion to dismiss, arguing that the amended complaint made the motion to dismiss moot, and required a new responsive pleading. (Docket Entry No. 18).
The motion to strike, (Docket Entry No. 18), is granted. The motion to dismiss, (Docket Entry No. 8), is denied as moot, without prejudice and with leave to reurge based on the amended complaint.
Source: Leagle
