Branch Banking and Trust Company v. D.M.S.I., LLC et al

Filing 22

ORDER Denying without prejudice 13 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Larry R. Hicks on 3/28/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BRANCH BANKING AND TRUST
COMPANY,

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Plaintiff,
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v.
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D.M.S.I., LLC; et al.,
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Defendants.
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2:11-cv-1778-LRH-VCF
ORDER

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Before the court is defendants motion to dismiss. Doc. #13.

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After the filing of defendants’ motion to dismiss, plaintiff Branch Banking and Trust

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Company (“Branch Banking”) filed an amended complaint. Doc. #14. The filing of the amended

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complaint supersedes the original complaint in its entirety. Accordingly, moving defendants’

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motion to dismiss the complaint is now moot. Therefore, the court shall deny the motion to dismiss

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without prejudice to allow moving defendants an opportunity to respond to the amended complaint.

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IT IS THEREFORE ORDERED that defendant’s motion to dismiss (Doc. #13) is DENIED

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without prejudice.

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IT IS SO ORDERED.

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DATED this 28th day of March, 2012.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE