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

Filing 87

ORDER denying as moot 71 Motion to Dismiss without prejudice to reassert in an appropriate motion applicable arguments as they pertain to the 84 amended counterclaim. Signed by Chief Judge William Keith Watkins on 6/27/2018. (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 “Counterclaim” (Doc. # 71) has been rendered moot by the filing of the
First Amended Answer and Counterclaim of DCWA (Doc. # 84). Accordingly, it is
ORDERED that the motion to dismiss (Doc. # 71) is DENIED as moot without
prejudice to reassert in an appropriate motion applicable arguments as they pertain
to the amended counterclaim.
DONE this 27th day of June, 2018.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE