Cascade Fund, LLLP, The v. Absolute Capital Management Holdings Limited et al

Filing 69

ORDER DENYING AS MOOT MOTION TO DISMISS: Defendants' 26 Motion to Dismiss for Lack of Jurisdiction is DENIED AS MOOT. Judge Marcia S. Krieger on 9/28/09.(msksec, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 08-cv-01381-MSK-CBS THE CASCADE FUND, LLP, on behalf of itself and a class of similarly situated persons, Plaintiff, v. ABSOLUTE CAPITAL MANAGEMENT HOLDINGS LIMITED, ABSOLUTE GENERAL PARTNER LIMITED, FLORIAN HOMM, SEAN EWING, JOHN A. FLEMING, RONALD E. TOMPKINS, and ULLRICH ANGERSBACH, Defendants. ORDER DENYING AS MOOT MOTION TO DISMISS THIS MATTER comes before the Court sua sponte. Pending before the Court is a Motion to Dismiss (#26) regarding the claims asserted in the original Complaint (#1) filed by Defendants Absolute Capital Management Holdings Limited, Absolute General Partner Limited, John A. Fleming, and Ronald E. Tompkins ("Defendants"). Plaintiffs did not respond to this motion. Plaintiffs did, however, file an Amended Complaint (#41). Accordingly, Defendants filed an Amended Motion to Dismiss (#46) regarding the claims asserted in the Amended Complaint. Therefore, the first Motion to Dismiss (#26) is superseded by the Amended Motion to Dismiss (#46). IT IS THEREFORE ORDERED that Defendants' Motion to Dismiss (#26) is DENIED AS MOOT. Dated this 28th day of September, 2009 BY THE COURT: Marcia S. Krieger United States District Judge 2

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