Filed: Aug. 31, 2015
Latest Update: Aug. 31, 2015
Summary: STIPULATION RESOLVING DEFENDANTS' MOTION TO DISMISS [DOCKET NO. 9] AND ORDER JENNIFER A. DORSEY , District Judge . We, the parties, do hereby stipulate as follows. 1. Defendants hereby withdraw their Motion to Dismiss [Docket No. 9] relating to the statute of limitations, without prejudice to the right to assert similar defenses as appropriate by way of summary judgment, at trial, or otherwise. None of the parties are waiving any claim, defense, or argument as a result of this withdrawal.
Summary: STIPULATION RESOLVING DEFENDANTS' MOTION TO DISMISS [DOCKET NO. 9] AND ORDER JENNIFER A. DORSEY , District Judge . We, the parties, do hereby stipulate as follows. 1. Defendants hereby withdraw their Motion to Dismiss [Docket No. 9] relating to the statute of limitations, without prejudice to the right to assert similar defenses as appropriate by way of summary judgment, at trial, or otherwise. None of the parties are waiving any claim, defense, or argument as a result of this withdrawal. ..
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STIPULATION RESOLVING DEFENDANTS' MOTION TO DISMISS [DOCKET NO. 9]
AND ORDER
JENNIFER A. DORSEY, District Judge.
We, the parties, do hereby stipulate as follows.
1. Defendants hereby withdraw their Motion to Dismiss [Docket No. 9] relating to the statute of limitations, without prejudice to the right to assert similar defenses as appropriate by way of summary judgment, at trial, or otherwise. None of the parties are waiving any claim, defense, or argument as a result of this withdrawal.
2. Pursuant to Rule 12(a)(4). Defendants will answer allegations of the Amended Complaint within 14 days including their response to those claims that were the prior subject to the Motion to Dismiss.
3. This stipulation resolves and renders moot Defendants' Motion to Dismiss [Docket No. 9] and no further proceedings on said will be necessary, including but not limited to the currently scheduled motion hearing set for September 14, 2015.
Based on the parties' stipulation and good cause appearing, IT IS HEREBY ORDERED that defendants' motion to dismiss [ECF 9] is deemed WITHDRAWN without prejudice. The 9/14/15 hearing on this motion [ECF 24] is VACATED.
