Harkness v. Hoffman et al

Filing 28

ORDER denying as moot 5 Motion to Dismiss for Lack of Jurisdiction. By Judge Wiley Y. Daniel on 12/14/2015. (athom, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Wiley Y. Daniel Civil Action No. 15-cv-00711-WYD-NYW GORDON HARKNESS, Plaintiff, v. RICHARD KRAMMER and DAVID HOFFMAN, Defendants. ORDER THIS MATTER is before the Court in connection with Defendants’ Motion to Dismiss for Lack of Subject Matter Jurisdiction filed on May 13, 2015. This motion, filed as to the original complaint, is moot in light of the fact that on October 15, 2015, Plaintiff filed a First Amended Verified Complaint for Declaratory Judgment and Request for a Speedy Hearing (ECF No. 22). Defendants responded by filing an Answer and Counterclaims. (ECF No. 26.) Based on the foregoing, it is ORDERED that Defendant Richard Krammer and David Hoffman’s Motion to Dismiss for Lack of Subject Matter Jurisdiction (ECF No. 5) is DENIED AS MOOT. Dated: December 14, 2015 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Senior United States District Judge

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