Nelson v. United States of America

Filing 7

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendant's motion to dismiss Count II (#3) is DENIED as moot. Signed by District Judge Stephen N. Limbaugh, Jr on 11/15/2016. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
RUTH NELSON, Individually and as
Plaintiff Ad Litem for ROBERT V.
NELSON, deceased,
Plaintiff,
vs.

UNITED STATES OF AMERICA,
DEPT. OF VETERANS AFFAIRS,
Defendant.

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Case No. 1:16cv221

MEMORANDUM & ORDER
This matter is before the Court on defendant’s motion to dismiss (#3). Defendant
moved to dismiss Count II of plaintiff’s complaint because it contends plaintiff’s
complaint failed to adequately alleged plaintiff’s lost chance of recovery claim. Plaintiff
responded to defendant’s motion by filing an amended complaint (#5) and a response in
opposition to the motion that explained that the amended complaint cured the defects
raised by defendant. Defendant did not file a reply brief or otherwise respond to
plaintiff’s contention that the amended complaint cured the deficiencies raised by the
motion.

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Accordingly,
IT IS HEREBY ORDERED that defendant’s motion to dismiss Count II (#3) is
DENIED as moot.
Dated this

15th

day of November, 2016.

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STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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