Dunedin Development Co., LLC v. City of Dunedin, Florida et al

Filing 12

ORDER denying as moot 6 Motion to dismiss. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 3/30/2009. (KAK)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION DUNEDIN DEVELOPMENT CO., LLC, and SAILWINDS CONDOMINIUM ASSOCIATION, v. Plaintiffs, Case No. 8:09-cv-303-T-33TBM

CITY OF DUNEDIN, FLORIDA, and RICHARD JOHNSON, Defendants. _____________________________________/ ORDER This matter comes before the Court pursuant to Defendant Richard Johnson's motion to dismiss count II of the amended complaint or, in the alternative, motion for summary judgment (Doc. # 6), which was filed on March 12, 2009. On March 19, 2009, Plaintiffs filed an unopposed motion to file a second amended complaint. (Doc. # 9). On March 20,

2009, this Court entered an order granting the motion to amend and noting, "[T]his Court will deny the motion to dismiss as moot once the second amended complaint has been filed." (Doc. # 10 at 2). Plaintiffs filed the second amended complaint on Accordingly, this Court denies

March 27, 2009. (Doc. # 11).

the motion to dismiss as moot. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: Defendant Richard Johnson's motion to dismiss count II of the

amended complaint or, in the alternative, motion for summary judgment (Doc. # 6) is DENIED AS MOOT. DONE and ORDERED in Chambers in Tampa, Florida, this 30th day of March, 2009.

Copies: All Counsel of Record

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