U.S. EX REL. KNIGHT v. WESTERN SURETY COMPANY, 5:14-CV-270-F. (2014)
Court: District Court, E.D. North Carolina
Number: infdco20140815h21
Visitors: 3
Filed: Aug. 06, 2014
Latest Update: Aug. 06, 2014
Summary: ORDER JAMES C. FOX, District Judge. In an order filed on July 23, 2014 [DE-13], the court allowed Plaintiffs motion to file an amended complaint. The court observed Plaintiffs suggestion that the amendments may moot Defendant's pending motion to dismiss [DE-9], and directed Defendant to file a reply addressing the issue. Defendant has timely complied with the court's directive, and agrees that "Plaintiff has amended his Complaint in this action to allege sufficient facts which, if true, moot [
Summary: ORDER JAMES C. FOX, District Judge. In an order filed on July 23, 2014 [DE-13], the court allowed Plaintiffs motion to file an amended complaint. The court observed Plaintiffs suggestion that the amendments may moot Defendant's pending motion to dismiss [DE-9], and directed Defendant to file a reply addressing the issue. Defendant has timely complied with the court's directive, and agrees that "Plaintiff has amended his Complaint in this action to allege sufficient facts which, if true, moot [D..
More
ORDER
JAMES C. FOX, District Judge.
In an order filed on July 23, 2014 [DE-13], the court allowed Plaintiffs motion to file an amended complaint. The court observed Plaintiffs suggestion that the amendments may moot Defendant's pending motion to dismiss [DE-9], and directed Defendant to file a reply addressing the issue. Defendant has timely complied with the court's directive, and agrees that "Plaintiff has amended his Complaint in this action to allege sufficient facts which, if true, moot [Defendant's] Motion to Dismiss." Reply [DE-16] at 2. Accordingly, Defendant's pending motion to dismiss [DE-9] is DENIED as moot.
Defendant also has filed, with Plaintiffs consent, a motion [DE-15] seeking an extension of time to file an answer or other responsive pleading to the amended complaint, up to and including August 18, 2014. For good cause shown, the motion is ALLOWED, and Defendant is allowed up to and including August 18, 2014 in which to serve an answer or otherwise respond to the amended complaint.
SO ORDERED.
Source: Leagle
