RETIREMENT COMMITTEE OF DAK AMERICAS LLC v. ALLEN, 7:14-CV-36-FL. (2015)
Court: District Court, E.D. North Carolina
Number: infdco20150318e50
Visitors: 1
Filed: Mar. 17, 2015
Latest Update: Mar. 17, 2015
Summary: ORDER LOUISE W. FLANAGAN , District Judge . This matter comes before the court on plaintiffs' motions to dismiss defendants' counterclaims, pursuant to Federal Rule of Civil Procedure 12(b)(6) (DE 88, 103). Defendants responded to the motions and plaintiffs replied. In this posture, the motions to dismiss are ripe for ruling. However, plaintiffs also filed, on February 17, 2015, a motion for summary judgment (DE 153), seeking dismissal as a matter of law of all counterclaims asserted by def
Summary: ORDER LOUISE W. FLANAGAN , District Judge . This matter comes before the court on plaintiffs' motions to dismiss defendants' counterclaims, pursuant to Federal Rule of Civil Procedure 12(b)(6) (DE 88, 103). Defendants responded to the motions and plaintiffs replied. In this posture, the motions to dismiss are ripe for ruling. However, plaintiffs also filed, on February 17, 2015, a motion for summary judgment (DE 153), seeking dismissal as a matter of law of all counterclaims asserted by defe..
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ORDER
LOUISE W. FLANAGAN, District Judge.
This matter comes before the court on plaintiffs' motions to dismiss defendants' counterclaims, pursuant to Federal Rule of Civil Procedure 12(b)(6) (DE 88, 103). Defendants responded to the motions and plaintiffs replied. In this posture, the motions to dismiss are ripe for ruling. However, plaintiffs also filed, on February 17, 2015, a motion for summary judgment (DE 153), seeking dismissal as a matter of law of all counterclaims asserted by defendants. In their memorandum in support thereof, plaintiffs reiterate and update the arguments made in support of their motions to dismiss, while also raising further facts and details in support of their motion for summary judgment. (See, e.g., DE 154 at 14, 26 n.4, 30-31). Where plaintiffs' arguments in support of summary judgment reiterate and update arguments made in support of their motions to dismiss, in the interest of efficient administration of the court's docket, the court will consider plaintiffs' arguments raised in support of their motions to dismiss also in support of their motion for summary judgment. Likewise, the court will consider the arguments advanced by defendants in their respective briefs in opposition to the motions to dismiss. Accordingly, the court DISMISSES AS MOOT plaintiffs' motions to dismiss (DE 88, 103).
SO ORDERED.
Source: Leagle
