Bohan v. De Lage Landen Public Finance, LLC

Filing 29

ORDER denying as moot 11 plaintiffs Motion To Dismiss Counterclaims Pursuant to Fed.R.Civ.P. 12(b)(6). By Judge Robert E. Blackburn on 07/16/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 09-cv-00803-REB-MEH GREGORY A. BOHAN, a Colorado individual, Plaintiffs, v. DE LAGE LANDEN PUBLIC FINANCE, LLC, a Delaware corporation, Defendant.

ORDER DENYING MOTION TO DISMISS COUNTERCLAIMS AS MOOT Blackburn, J. The matter before me is plaintiff's Motion To Dismiss Counterclaims Pursuant to Fed.R.Civ.P. 12(b)(6) [#11], filed May 29, 2009. After the motion was filed, defendant moved to amend its answer and counterclaims to address the issues raised by the motion to dismiss. (See Motion To Amend Counterclaim ¶¶ 3-4 at 1-2 [#21], filed June 18, 2009.) The magistrate judge subsequently granted the motion to amend. (See Minute Order [#26], filed July 15, 2009.) The filing of the amended answer and counterclaim effectively moots plaintiff's motion to dismiss the now superseded counterclaims.

THEREFORE, IT IS ORDERED that plaintiff's Motion To Dismiss Counterclaims Pursuant to Fed.R.Civ.P. 12(b)(6) [#11], filed May 29, 2009, is DENIED AS MOOT. Dated July 16, 2009, at Denver, Colorado. BY THE COURT:

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