Sokal et al v. Upsher-Smith Laboratories, Inc. et al

Filing 5

ATTACHED ORDER denying as moot 3 Motion to Dismiss. Defendant Healthsouth Real Property Holding Corporation to file response to second amended complaint within 10 days. Signed by Judge Richard A. Lazzara on 2/6/2007. (CCB)

Sokal et al v. Upsher-Smith Laboratories, Inc. et al

Doc. 5

Case 8:07-cv-00213-RAL-TGW

Document 5

Filed 02/06/2007

Page 1 of 1

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION JUDITH SOKAL, GARY S. ARANT, DEBORA A. JOHNSON, CHRISTOPHER D. ARANT, Plaintiffs, v. USHER-SMITH LABORATORIES, INC., HEALTHSOUTH REHABILITATION HOSPITAL OF SARASOTA, L.P., ALBERTSON'S, INC., Defendants. / ORDER CASE NO: 8:07-cv-213-T-26TGW

Pending before the Court is Defendant Healthsouth Real Property Holding Corporation's Motion to Dismiss filed in state court prior to removal seeking dismissal of Plaintiffs' amended complaint. The Court notes that Plaintiffs filed a second amended complaint subsequent to the filing of the motion to dismiss thereby mooting the motion. Accordingly, it is ordered and adjudged as follows: 1) Defendant Healthsouth's Motion to Dismiss (Dkt. 3) is denied as moot and without prejudice. 2) Defendant Healthsouth shall file a response to Plaintiffs' second amended complaint within 10 days of this order.
DONE AND ORDERED at Tampa, Florida, on February 6, 2007. s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE
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