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)

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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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