Ferguson v. Wal-Mart Stores, Inc.

Filing 66

ORDER Denying as moot 55 Motion to Dismiss. Signed by Judge James C. Mahan on 7/9/2014. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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2:13-CV-517 JCM (GWF)

JAMES FERGUSON,
Plaintiff(s),
v.
WAL-MART STORES, INC., et al.,

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Defendant(s).

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ORDER

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Presently before the court is a motion to dismiss filed by third-party defendant Concrete

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Systems, LLC. (Doc. # 55). Third-party plaintiff Moorfield Construction, Inc. filed a response in

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opposition, (doc. # 57), and Concrete Systems filed a reply, (doc. # 59).

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After the instant motion was filed, Moorfield Construction filed an amended third-party

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complaint. (Doc. # 65). Therefore the motion to dismiss, which relates to a superseded version of

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the third-party complaint, is now moot.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that third-party defendant

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Concrete Systems, LLC’s motion to dismiss, (doc. # 55), be, and the same hereby is, DENIED as

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moot.

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DATED July 9, 2014.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge