Chester Arch Realty, LLC v. K Mart Corporation
Filing
19
ORDER granting 18 Motion for Leave, further denying as moot 15 Motion to Dismiss. Signed by Honorable P. K. Holmes, III on May 22, 2012. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
CHESTER ARCH REALTY, LLC
v.
PLAINTIFF
Case No. 2:11-CV-02212
K MART CORPORATION
DEFENDANT
ORDER
Before the Court is Plaintiff’s Motion for Leave to File Amended Complaint (Doc. 18). No
objections have been entered in opposition to the Motion, and the response period has passed.
Accordingly, the Court finds the Motion should be and hereby is GRANTED. Plaintiff is directed
to file the Amended Complaint, attached as Exhibit 1 to its Motion, and accompanying exhibits.
Because Plaintiff’s Amended Complaint appears to cure the deficiencies alleged in
Defendant’s previously-filed Motion to Dismiss, Defendant’s Motion to Dismiss is DENIED AS
MOOT.
IT IS SO ORDERED this 22nd day of March, 2012.
s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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