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RETIREMENT COMMITTEE OF DAK AMERICAS LLC v. ALLEN, 7:14-CV-36-FL. (2015)

Court: District Court, E.D. North Carolina Number: infdco20150318e49 Visitors: 9
Filed: Mar. 17, 2015
Latest Update: Mar. 17, 2015
Summary: ORDER LOUISE W. FLANAGAN , District Judge . This matter comes before the court on plaintiffs' motion to dismiss (DE 70), pursuant to Federal Rule of Civil Procedure 12(b)(6), the counterclaim filed by defendants Jerome Bryant, Mendell W. Smith, and Otella Irene Webb, filed May 2, 2014 (DE 57). Said defendants subsequently filed an amended counterclaim, and plaintiffs filed an answer to the amended counterclaim on July 17, 2014. Thereafter, said defendants filed a second amended counterclaim
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ORDER

This matter comes before the court on plaintiffs' motion to dismiss (DE 70), pursuant to Federal Rule of Civil Procedure 12(b)(6), the counterclaim filed by defendants Jerome Bryant, Mendell W. Smith, and Otella Irene Webb, filed May 2, 2014 (DE 57). Said defendants subsequently filed an amended counterclaim, and plaintiffs filed an answer to the amended counterclaim on July 17, 2014. Thereafter, said defendants filed a second amended counterclaim on September 4, 2014, and plaintiffs filed a motion to dismiss the second amended counterclaim on September 18, 2014 (DE 103), which motion remains pending. Accordingly, the court DISMISSES AS MOOT plaintiffs' motion (DE 70) to dismiss the original counterclaim by defendants Jerome Bryant, Mendell W. Smith, and Otella Irene Webb.

SO ORDERED.

Source:  Leagle

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