Custom Fab, Inc. v. Kirkland et al

Filing 17

ORDER denying as moot 12 Motion for Preliminary Injunction; denying as moot 13 motion to dismiss; denying as moot 13 Motion to transfer case; denying as moot 13 Motion to dismiss for lack of jurisdiction. Signed by Judge Gregory A. Presnell on 11/18/2013. (JU)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CUSTOM FAB, INC.,
Plaintiff,
v.

Case No: 6:13-cv-1511-Orl-31DAB

TARA KIRKLAND,
Defendant.

ORDER
This matter is before the Court on Plaintiff’s Motion for Preliminary Injunction (Doc. 12)
(“Motion for Injunction”) and Defendants’ Motion to Dismiss or in the alternative Motion for
Transfer of Venue (Doc. 13) (“Motion to Dismiss”). On November 8, 2013 Plaintiff filed its
Verified Amended Complaint (Doc. 16) which dropped Custom Pipe & Coupling Co., Inc.
(“Custom Pipe”) as a defendant. The Motion for Injunction requested relief against both
Defendant Tara Kirkland and Custom Pipe. Accordingly, at least part of the Motion for Injunction
was mooted by the Amended Complaint.
It is therefore,

ORDERED that the Motion for Injunction (Doc. 12) is DENIED AS MOOT. Plaintiff
has leave to file an amended motion for preliminary injunction based on the facts and parties
included in the Amended Complaint. It is also ORDERED that the Motion to Dismiss (Doc. 13)
is DENIED AS MOOT.
DONE and ORDERED in Chambers, Orlando, Florida on November 18, 2013.

Copies furnished to:
Counsel of Record
Unrepresented Party

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