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)

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original Complaint, was superseded by Defendant’s second Motion to Dismiss (Doc. 17).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