Riggle v. Valero et al

Filing 20

ORDER - Defendants' motion to dismiss 12 is denied without prejudice. Plaintiff is granted leave to amend his complaint. Said amended complaint shall be filed on or before April 18, 2016. Ordered by Senior Judge Lyle E. Strom. (GJG)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA ANDREW RIGGLE, ) ) Plaintiff, ) ) v. ) ) VALERO, AMERICAN ENTERPRISE ) PROPERTY, and DOES 1-5, ) ) Defendants. ) ______________________________) 8:15CV413 ORDER This matter is before the Court on the motion of defendants Valero, American Enterprise Property, and Does 1-5 (hereinafter “defendants”) to dismiss (Filing No. 12). matter has been fully briefed by the parties. 13, 17, and 19. The See Filing Nos. After review of the motion, the parties’ briefs, and the applicable law, the Court will deny defendants’ motion to dismiss without prejudice and grant plaintiff Andrew Riggle’s request “to amend the complaint under Fed. R. Civ. P. 15.” (Filing No. 17 at 4). Accordingly, IT IS ORDERED: 1) Defendants’ motion to dismiss is denied without prejudice. 2) Plaintiff is granted leave to amend his complaint. Said amended complaint shall be filed on or before April 18, 2016. DATED this 4th day of April, 2016. BY THE COURT: /s/ Lyle E. Strom ____________________________ LYLE E. STROM, Senior Judge United States District Court -2-

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