ALACHUA RETAIL 51 LLC v. CITY OF ALACHUA

Filing 21

ORDER denying as moot 14 Motion to Dismiss for Failure to State a Claim. Signed by SENIOR JUDGE STEPHAN P MICKLE on 11/8/11. (bkp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
ALACHUA RETAIL 51, LLC.,
Plaintiff,
v.

CASE NO.: 1:11cv187-SPM/GRJ

THE CITY OF ALACHUA, a Florida
municipal corporation,
Defendant.
______________________________/
ORDER DENYING MOTION TO DISMISS AS MOOT
This cause comes before the Court upon Defendant’s motion to dismiss
(doc. 14), Plaintiff’s first amended complaint (doc. 18), and Plaintiff’s response in
opposition (doc. 19). Upon consideration, it is
ORDERED AND ADJUDGED:
1.

Defendant’s motion to dismiss (doc. 14) is denied as moot in light of

the first amended complaint.
2.

The denial is without prejudice to Defendant’s opportunity to raise

challenges to the first amended complaint.
DONE AND ORDERED this 8th day of November, 2011.

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