SWIFT v. BANCORPSOUTH BANK

Filing 10

ORDER DENYING AS MOOT 6 Motion to Dismiss by BANCORPSOUTH BANK. The denial is without prejudice to Defendants opportunity to file another motion to dismiss directed toward the amended complaint. Signed by CHIEF JUDGE STEPHAN P MICKLE on 6/23/2010. (jws)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION SHANE SWIFT, on behalf of himself and all others similarly situated, Plaintiffs, v. BANCORPSOUTH BANK, Defendant. ________________________________/ ORDER DENYING MOTION TO DISMISS AS MOOT After Defendant filed a motion to dismiss the complaint (doc. 6), Plaintiff filed an amended complaint (doc. 9-1). Accordingly, it is ORDERED AND ADJUDGED: 1. 2. Defendant's motion to dismiss (doc. 6) is denied as moot. The denial is without prejudice to Defendant's opportunity to file CASE NO.: 1:10cv90-SPM/AK

another motion to dismiss directed toward the amended complaint. DONE AND ORDERED this 23rd day of June, 2010.

s/ Stephan P. Mickle
Stephan P. Mickle Chief United States District Judge