Harvey v. General Electric Company et al

Filing 72

ORDER IT IS HEREBY ORDERED that GE Defendants Motion to Dismiss [ECFNo. 3] is DENIED as moot. 3 Signed by Honorable Henry E. Autrey on 3/15/12. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
WAYNE C. HARVEY, and on behalf )
of himself and all those similarly situated,
)
)
Plaintiff,
)
)
v.
)
)
GENERAL ELECTRIC CO., et al,
)
)
Defendant.
)

No. 4:10CV2102 HEA

ORDER
On November 5, 2010, Defendants General Electric, GE Money Bank (now
known as GE Capital Retail Bank), GE Consumer Finance, Inc., and General
Electric Capital Corporation (collectively, the “GE Defendants”) filed a Motion to
Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) [ECF
No. 3]. Since that time, Plaintiff Wayne Harvey has filed an Amended Complaint
[ECF No. 48], and GE Defendants filed a new Motion to Dismiss Plaintiff’s
Amended Complaint [ECF No. 62]. In light of Plaintiff’s newly-filed Amended
Complaint, the Court deems GE Defendants’ initial Motion to Dismiss [ECF No.
3] as moot, and deems the new Motion to Dismiss [ECF No. 62] as under
submission. The Court will address such motion once the parties are done briefing
the Court on the matter.

IT IS HEREBY ORDERED that GE Defendants Motion to Dismiss [ECF
No. 3] is DENIED as moot.
Dated this 15th day of March, 2012.

HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

2