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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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Edward M. Vivirito, Plaintiff, vs. State of Arizona, Defendant.

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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.