MCKINNEY

Filing 24

ORDER DENYING AS MOOT 21 Motion to Dismiss Count II by Defendant. Plaintiffs have withdrawn Count II pursuant to 22 Notice of Withdrawal. Signed by CHIEF JUDGE STEPHAN P MICKLE on 3/1/2010. (jws)

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Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION LESSIE M. MCKINNEY, et al., Plaintiffs, vs. UNITED STATES OF AMERICA, Defendant, _____________________________/ ORDER THIS CAUSE comes before the Court on Defendant's Motion to Dismiss Count II of Plaintiffs' Complaint (doc. 21) and Plaintiffs' Response (doc. 23). As the Plaintiffs have withdrawn Count II pursuant to the Notice of Withdrawal (doc. 22), it is hereby ORDERED AND ADJUDGED that the Defendant's Motion to Dismiss (docs. 21) is denied as moot. DONE AND ORDERED this first day of March, 2010. 1:08-CV-249-SPM s/ Stephan P. Mickle Stephan P. Mickle Chief United States District Judge

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