Roberson Excavation, Inc. v. Dale County Water Authority et al

Filing 73

ORDER denying as moot 59 Motion to Dismiss without prejudice to reassert applicable arguments as they pertain to the amended cross-claim. Signed by Chief Judge William Keith Watkins on 2/28/2018. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
ROBERSON EXCAVATION, INC.,
Plaintiff,
v.
DALE COUNTY WATER
AUTHORITY,
et al.,
Defendants.

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CASE NO. 1:15-cv-939-WKW
[WO]

ORDER
CDG Engineers and Associates, Inc.’s Motion to Dismiss Dale County Water
Authority’s Cross-Claim (Doc. # 59) has been rendered moot by the unopposed
filing of the First Amended Cross Claim of DCWA against CDG (Doc. # 72), as
CDG anticipated (Doc. # 69, at 2). Accordingly, it is ORDERED that the motion to
dismiss (Doc. # 59) is DENIED as moot without prejudice to reassert applicable
arguments as they pertain to the amended cross-claim.
DONE this 28th day of February, 2018.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE