Catalina London Limited v. Jeanne Estates Apartments, Inc. et al

Filing 111

ORDER denying as moot 106 Motion to Dismiss. Signed by Honorable Susan O. Hickey on March 31, 2015. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION CATALINA LONDON LIMITED F/K/A ALEA LONDON LIMITED VS. PLAINTIFFS CASE NO. 11-CV-4091 JEANNE ESTATES APARTMENTS, INC., et al. DEFENDANTS ORDER Before the Court is Motion to Dismiss (ECF No. 106) filed on behalf of Defendant Cherry Hill Printing Company, Inc. Plaintiff Catalina London Limited f/k/a Alea London Limited (“Catalina”) has filed a response. (ECF No. 107). The Court finds this matter ripe for consideration. Cherry Hill Printing moves to dismiss Catalina’s action for declaratory judgment as to the underlying case Kolbek, et al. v. Twenty-First Century Holiness Tabernacle Church, Inc. et al., Case No. 4:10-cv-04124. Cherry Hill Printing argues that, because it was dismissed from the Kolbek suit, there is no remaining controversy between the parties as to the Kolbek suit. In response to the motion, Catalina points out that it has already stated on the record that it is no longer seeking a declaratory judgment as to Cherry Hill Printing with respect to the Kolbek action. (ECF No. 105, p. 3). Accordingly, the Court finds that the motion (ECF No. 106) should be and hereby is DENIED AS MOOT. IT IS SO ORDERED, this 31st day of March, 2015. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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