Eckart et al v. Miles City, Montana

Filing 9

ORDER: Defendants Motion to Dismiss (Doc. 4) is DENIED as moot. Signed by Magistrate Judge Timothy J. Cavan on 9/9/2021. (HEG)

Case 1:21-cv-00066-SPW-TJC Document 9 Filed 09/09/21 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
WILLIAM ECKART, ECHART
TRUCKING, INC., a Montana
corporation,

CV 21-66-BLG-SPW-TJC
ORDER

Plaintiffs,
vs.
MILES CITY, MONTANA,
Defendant.

On August 20, 2021, Defendant filed a Motion to Dismiss pursuant to Fed.
R. Civ. P. 12(b)(6.) (Doc. 4.) Subsequently, on September 8, 2021, Plaintiffs filed
an Amended Complaint (Doc. 7), which moots Defendant’s motion. Ramirez v.
Cty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). Accordingly,
Defendant’s Motion to Dismiss (Doc. 4) is DENIED as moot.
DATED this 9th day of September, 2021.
_______________________________
TIMOTHY J. CAVAN
United States Magistrate Judge