White v. Volkswagen Group of America, Inc

Filing 24

ORDER denying as moot 10 Motion to Dismiss for Failure to State a Claim. Signed by Honorable P. K. Holmes, III on September 27, 2012. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION SHIRLEY J. WHITE; JENNIFER LACHANCE; ISABEL HODGSON; and JAMES VINES, on behalf of themselves and all others similarly situated v. PLAINTIFFS Case No. 2:11-CV-02243 VOLKSWAGEN GROUP OF AMERICA, INC. DEFENDANT ORDER Before the Court is Defendant Volkswagen Group of America, Inc.’s first Motion to Dismiss (Doc. 10), which was filed on February 17, 2012. Shortly thereafter, on March 14, 2012, Plaintiffs filed an Amended Complaint (Doc. 12). Defendant then filed a new Motion to Dismiss (Doc. 17) on May 14, 2012, addressing the claims made in Plaintiffs’ First Amended Complaint. Accordingly, the Court finds that Defendant’s first Motion to Dismiss (Doc. 10), based on claims made in the original Complaint, was superseded by Defendant’s second Motion to Dismiss (Doc. 17). Defendant’s first Motion to Dismiss (Doc. 10) is therefore DENIED AS MOOT. IT IS SO ORDERED this 27th day of September, 2012. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

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