Mallatere v. Town of Boone, 5:18-cv-006. (2018)
Court: District Court, W.D. North Carolina
Number: infdco20180417c07
Visitors: 10
Filed: Apr. 16, 2018
Latest Update: Apr. 16, 2018
Summary: ORDER GRAHAM C. MULLEN , District Judge . THIS MATTER is before the Court on the Motion to Dismiss (Doc. No. 7) filed on behalf of the Defendant, Town of Boone. Plaintiff filed his Complaint on January 10, 2018. After receiving an extension of time to answer, Defendant filed a Motion to Dismiss on March 26, 2018. Plaintiff then timely filed an Amended Complaint in accordance with Fed. R. Civ. P. Rule 15 on April 14, 2018. Defendant's Motion to Dismiss has been rendered moot by Plaintiff's
Summary: ORDER GRAHAM C. MULLEN , District Judge . THIS MATTER is before the Court on the Motion to Dismiss (Doc. No. 7) filed on behalf of the Defendant, Town of Boone. Plaintiff filed his Complaint on January 10, 2018. After receiving an extension of time to answer, Defendant filed a Motion to Dismiss on March 26, 2018. Plaintiff then timely filed an Amended Complaint in accordance with Fed. R. Civ. P. Rule 15 on April 14, 2018. Defendant's Motion to Dismiss has been rendered moot by Plaintiff's ..
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ORDER
GRAHAM C. MULLEN, District Judge.
THIS MATTER is before the Court on the Motion to Dismiss (Doc. No. 7) filed on behalf of the Defendant, Town of Boone.
Plaintiff filed his Complaint on January 10, 2018. After receiving an extension of time to answer, Defendant filed a Motion to Dismiss on March 26, 2018. Plaintiff then timely filed an Amended Complaint in accordance with Fed. R. Civ. P. Rule 15 on April 14, 2018. Defendant's Motion to Dismiss has been rendered moot by Plaintiff's Amended Complaint.
THEREFORE Defendant's Motion to Dismiss (Doc. No. 7) is hereby DISMISSED WITHOUT PREJUDICE. Defendant shall file its responsive pleading to the Amended Complaint within the time allotted by the Federal Rules of Civil Procedure.
SO ORDERED.
Source: Leagle
