Bridgepoint Communications Inc v. Kentucky Data Link Inc

Filing 11

ORDER denying as moot 3 Motion to Dismiss for Failure to State a Claim. Signed by Judge Kristine G. Baker on 8/14/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
BRIDGEPOINT COMMUNICATIONS, INC.
v.

PLAINTIFF

Case No. 4:13CV00329 KGB

KENTUCKY DATA LINK, INC. N/K/A
WINDSTREAM KDL, INC.

DEFENDANT
ORDER

Before the Court is defendant’s motion to dismiss plaintiff’s complaint for failure to
state a claim (Dkt. No. 3). On June 13, 2013, plaintiff filed its first amended complaint subject
to right to compel arbitration (Dkt. No. 5). Also on that day, plaintiff filed its response to
defendant’s motion to dismiss, asserting that the first amended complaint resolved the issues
raised by defendant’s motion to dismiss (Dkt. No. 6). On July 15, 2013, plaintiff filed its
answer to plaintiff’s first amended complaint subject to right to compel arbitration (Dkt. No.
10).
Based on these events, the Court denies as moot defendant’s motion to dismiss
plaintiff’s complaint (Dkt. No. 3). The Court has not examined the merits of the motion in
relation to plaintiffs’ first amended complaint and denies the motion as moot without prejudice
to defendant’s right to renew or refile the motion.
SO ORDERED this the 14th day of August, 2013.

________________________________
Kristine G. Baker
United States District Judge