SHIFT4 Corporation v. Martin

Filing 52

ORDER Denying as moot 8 Plaintiff's Motion to Dismiss Defendant's Counterclaim. Signed by Judge Miranda M. Du on 8/1/12. (Copies have been distributed pursuant to the NEF - EDS)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 10 SHIFT4 Corporation, a Nevada corporation, Case No. 2:11-cv-01315-MMD-PAL 11 Plaintiff, ORDER 12 v. 13 15 CRAIG MARTIN, an Arizona resident, PHOENIX PAYMENT SYSTEMS, INC. d/b/a ELECTRONIC PAYMENT EXCHANGE, 16 Defendant. 14 17 18 Before this Court is plaintiff SHIFT4 Corporation’s Motion to Dismiss defendant’s 19 counterclaim (dkt. no. 8). The Court previously granted plaintiff’s motion to amend its 20 complaint (dkt. no. 21). In response to plaintiff’s amended complaint, defendant filed an 21 amended answer and counterclaim. (Dkt. nos. 23 and 27.) Plaintiff’s motion to dismiss 22 the original counterclaim is rendered moot by defendant’s filing of its amended 23 counterclaim. IT IS THEREFORE ORDERED THAT plaintiff’s Motion to Dismiss is DENIED as 24 25 26 moot. DATED THIS 1st day of August 2012. 27 28 UNITED STATES DISTRICT JUDGE

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