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Community State Bank v. Wilson, 4:18-cv-4078. (2019)

Court: District Court, W.D. Arkansas Number: infdco20190313702 Visitors: 7
Filed: Mar. 12, 2019
Latest Update: Mar. 12, 2019
Summary: ORDER SUSAN O. HICKEY , Chief District Judge . Before the Court is Defendant J. Schuyler Marvin's Motion to Dismiss. (ECF No. 62). Plaintiff Community State Bank filed a response. (ECF No. 65). Intervenor Gary Wilson also filed a response. (ECF No. 66). Defendant Marvin filed a reply. (ECF No. 67). The Court finds the matter ripe for consideration. On February 12, 2019, Defendant moved for dismissal, arguing that the Court should abstain from hearing this case. On March 12, 2019, Plaintif
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ORDER

Before the Court is Defendant J. Schuyler Marvin's Motion to Dismiss. (ECF No. 62). Plaintiff Community State Bank filed a response. (ECF No. 65). Intervenor Gary Wilson also filed a response. (ECF No. 66). Defendant Marvin filed a reply. (ECF No. 67). The Court finds the matter ripe for consideration.

On February 12, 2019, Defendant moved for dismissal, arguing that the Court should abstain from hearing this case. On March 12, 2019, Plaintiff filed an amended complaint. (ECF No. 70). Plaintiff's original complaint (ECF No. 1) is now inoperative and superseded by the amended complaint. Accordingly, the Court finds that Defendant Marvin's motion to dismiss (ECF No. 62), which is directed to the original complaint, should be and hereby is DENIED AS MOOT. Defendant Marvin may refile the motion, directed to the amended complaint.

IT IS SO ORDERED.

Source:  Leagle

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