Instamart Fulfillment LLC et al v. Instacart, Inc. et al

Filing 89

MINUTE ORDER; This matter comes before the court on the Stipulation to (1) Dismiss Defendant Whole Foods Market, Inc., (2) File Third Amended Complaint and (3) Apply Pending Rule 12(b)(6) Motion to Dismiss to Third Amended Complaint 83 . The Clerk of Court is directed to file Plaintiffs Third Amended Complaint. (Doc. No. 83-1.) 65 Motion to Dismiss is DENIED as moot, by Magistrate Judge Kathleen M. Tafoya on 5/29/15.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 14–cv–01808–CMA–KMT
INSTAMART FULFULLMENT LLC, a Colorado limited liability company, and
INSTAMART IP, LLC, a Wyoming limited liability company,
Plaintiffs/Counterclaim Defendants.
v.
MAPLEBEAR, INC., D/B/A INSTACART, a Delaware corporation,
WHOLE FOODS MARKET ROCKY MOUNTAIN/SOUTHWEST, L.P., a Texas limited
partnership;
WFM-WO, INC., a Delaware corporation,
WHOLE FOODS MARKET, INC., a Texas corporation,
Defendants/Counterclaim Plaintiffs.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
This matter comes before the court on the Stipulation to (1) Dismiss Defendant Whole Foods
Market, Inc., (2) File Third Amended Complaint and (3) Apply Pending Rule 12(b)(6) Motion to
Dismiss to Third Amended Complaint. (Doc. No. 83, filed May 28, 2015.) The Clerk of Court
is directed to file Plaintiffs’ Third Amended Complaint. (Doc. No. 83-1.) The “Motion to
Dismiss by Defendant Whole Foods Market, Inc. Under Fed. R. Civ. P. 12(b)(2) and 12(b)(6)”
(Doc. No. 65) is DENIED as moot. Defendant Maplebear, Inc.’s “Motion to Dismiss” (Doc. No.
22) and the “Motion to Dismiss by Defendants Whole Foods Market Rocky
Mountain/Southwest, L.P. and WFM-WO, Inc.” (Doc. No. 66) are deemed to apply to the Third
Amended Complaint.
Dated: May 29, 2015