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)

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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

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