Falco et al v. YRC Inc. et al

Filing 28

MINUTE ORDER Denying as moot Without Prejudice 7 Defendant YRC Inc. Motion to Dismiss Pursuant to F.R.P.C. [sic] Rule 12(b)(6); Denying as moot Without Prejudice 8 Defendant Teamsters Local Union 961's Motion to Dismiss; Defendant Teamsters Local Union 961's Renewed Motion to Dismiss, and Reply to Plaintiffs Combined Response to Defendants Motion to Dismiss 27 , filed July 10, 2009, is STRICKEN with leave to refile as a renewed motion to dismiss. by Chief Judge Wiley Y. Daniel on 7/13/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01144-WYD-CBS DANIEL FALCO, an individual; and JASON VESTAL, an individual, Plaintiffs, v. YRC INC., f/k/a Roadway Express, Inc., a Delaware corporation; TEAMSTERS LOCAL UNION 961, a Colorado unincorporated association; and DOES 1-25, Defendants. MINUTE ORDER ORDER ENTERED BY CHIEF JUDGE WILEY Y. DANIEL In light of the Amended Complaint [doc. #17], filed June 22, 2009, the "Motion to Dismiss from Defendant YRC Inc. Pursuant to F.R.P.C. [sic] Rule 12(b)(6)" [doc. #7], filed May 26, 2009, and "Defendant Teamsters Local Union 961's Motion to Dismiss" [doc. #8], filed May 26, 2009, are DENIED AS MOOT WITHOUT PREJUDICE. "Defendant Teamsters Local Union 961's Renewed Motion to Dismiss, and Reply to Plaintiffs' Combined Response to Defendant's Motion to Dismiss" [doc. #27], filed July 10, 2009, is STRICKEN with leave to refile as a renewed motion to dismiss. D.C.COLO.LCivR 7.1(C) provides , "A motion shall not be included in a response or reply to the original motion. A motion shall be made in a separate paper." Dated: July 13, 2009.