21st Century Communities, Inc. v. Muzlink, LLC

Filing 95

ORDER Denying 73 Motion to Dismiss. Signed by Judge Lloyd D. George on 3/26/15. (Copies have been distributed pursuant to the NEF - TR)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 21ST CENTURY COMMUNITIES, INC., a Nevada Corporation, 2:09-cv-02458-LDG-VCF 7 Plaintiff, ORDER 8 v. 9 10 11 MUZLINK, LLC, a California Limited Liability Company , Defendant. 12 13 The court has read and considered defendants Philip Bradley Parker and Wayne Williams’ 14 motion to dismiss or stay the first amended complaint (#73, response #78, reply #79) and 15 concludes that the motion presents matters outside of the pleadings. Therefore, the arguments 16 must be brought at the summary judgment stage. Accordingly, 17 THE COURT HEREBY ORDERS that defendant Parker and William’s motion to dismiss 18 or stay the first amended complaint (#73) is DENIED. A motion for summary judgment may be 19 filed at the close of discovery in this, or the California action, as overseen by the magistrate judge. 20 21 Dated this ____ day of March, 2015. 22 23 24 25 26 ________________________ Lloyd D. George United States District Judge

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