Vivirito v. Arizona, State of

Filing 28

ORDER denying as moot 6 Defendant's Motion to Dismiss; granting 25 Stipulated Motion to Amend the Complaint. The Clerk is directed to file the proposed amended complaint 26 . Signed by Judge David G Campbell on 11/4/08.(TLJ)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Edward M. Vivirito, Plaintiff, vs. State of Arizona, Defendant. ) ) ) ) ) ) ) ) ) ) ) No. CV-08-891-PHX-DGC ORDER The parties have filed a stipulated motion to amend the complaint pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure. Dkt. #25. The motion requests that Plaintiff be permitted to file the proposed amended complaint (Dkt. #26) and that Defendant's motion to dismiss (Dkt. #6) be denied as moot. Dkt. #25 at 1. The Court will grant the motion. IT IS ORDERED: 1. 2. 3. The parties' stipulated motion to amend the complaint (Dkt. #25) is granted. The Clerk is directed to file the proposed amended complaint (Dkt. #26). Defendant's motion to dismiss (Dkt. #6) is denied as moot. DATED this 4th day of November, 2008.

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