Williams v. Rhein Chemie Corporation

Filing 12

ORDER denying as moot 4 Motion to Dismiss for Failure to State a Claim. Signed by Judge Kristine G. Baker on 4/1/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LITTLE ROCK DIVISION
GARY WILLIAMS
v.

PLAINTIFF
Case No. 4:12-CV-00799 KGB

RHEIN CHEMIE CORPORATION

DEFENDANT
ORDER

On January 1, 2013, defendant filed its motion to dismiss for failure to state a claim upon
which relief can be granted (Dkt. No. 4). On January 29, 2013, plaintiff filed his amended
complaint (Dkt. No. 8). On February 26, 2013, defendant filed its answer to the amended
complaint (Dkt. No. 11). The Court determines that defendant’s motion to dismiss filed in
response to the original complaint is moot based on the filing of plaintiff’s amended complaint
and defendant’s answer to the amended complaint.

This ruling is without prejudice to

defendant’s right to raise in a separate filing the same legal arguments as to plaintiff’s amended
complaint. For these reasons, this Court denies as moot defendant’s motion to dismiss (Dkt. No.
4).
SO ORDERED this 1st day of April, 2013.

________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE