Edwards v. Zenimax Media, Inc., et al

Filing 33

ORDER. ORDERED that Defendants' Motion to Dismiss and Incorporated Memorandum of Law 5 , filed February 16, 2012, is DENIED WITHOUT PREJUDICE. It is FURTHER ORDERED that if the Defendants choose to re-file a motion to dismiss, such a motion must be filed by Friday, October 26, 2012, by Chief Judge Wiley Y. Daniel on 9/25/12.(sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Wiley Y. Daniel
Civil Action No. 12-cv-00411-WYD-KLM
LANDIS EDWARDS, individually and on behalf of all others similarly situated,
Plaintiff,
v.
ZENIMAX MEDIA INC., a Delaware Corporation, and
BETHESDA SOFTWORKS LLC, a Delaware Limited Liability Company,
Defendant.

ORDER

This matter is before the Court on Defendants’ Motion to Dismiss and
Incorporated Memorandum of Law [ECF No. 5], filed February 16, 2012.

The Court has

contemporaneously filed an order granting Defendants’ Motion to Strike Plaintiff’s Class
Allegations and Incorporated Memorandum of Law, [ECF No. 16].

Since the class

allegations of the complaint have been stricken, I have decided to deny the pending
motion to dismiss without prejudice and allow the Defendants to re-file a new motion
tailored to the remaining complaint allegations.

Accordingly, it is

ORDERED that Defendants’ Motion to Dismiss and Incorporated Memorandum of
Law [ECF No. 5], filed February 16, 2012, is DENIED WITHOUT PREJUDICE.
FURTHER ORDERED that if the Defendants choose to re-file a motion to
dismiss, such a motion must be filed by Friday, October 26, 2012.

It is

Dated:

September 25, 2012.
BY THE COURT:

s/ Wiley Y. Daniel
WILEY Y. DANIEL,
CHIEF UNITED STATES DISTRICT JUDGE

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