Turner v. Peake
Filing
18
ORDER IT IS HEREBY ORDERED that defendants motion to dismiss is DENIED withoutprejudice as moot. [Doc. 10] denying 10 Motion to Dismissed Signed by Honorable Charles A. Shaw on 5/15/09. (JWJ)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION MELINDA M. TURNER, Plaintiff, v. JAMES B. PEAKE, Secretary, United States Department of Veteran Affairs, Defendant. ) ) ) ) ) ) ) ) ) )
No. 4:08-CV-1910 CAS
ORDER The Court having granted plaintiff leave to file her Second Amended Complaint, which was filed on May 12, 2009, pending motions pertaining to the First Amended Complaint should be denied without prejudice as moot. Pure Country, Inc. v. Sigma Chi Fraternity, 312 F.3d 952, 956 (8th Cir. 2002). Accordingly, IT IS HEREBY ORDERED that defendant's motion to dismiss is DENIED without prejudice as moot. [Doc. 10]
______________________________ CHARLES A. SHAW UNITED STATES DISTRICT JUDGE Dated this 15th day of May, 2009.
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