Diaz v. Weir et al

Filing 16

ORDERED 9 Motion to Dismiss is denied as moot w/out prejudice. Signed by Judge Howard D. McKibben on 10/17/12. (Copies have been distributed pursuant to the NEF - JK)

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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 13 MIGUEL DIAZ, 14 Plaintiff, 15 vs. 16 DONALD E. WEIR and PATRICIA ANTOINETTE WEIR as Trustees of the DONALD E. WEIR FAMILY REVOCABLE LIVING TRUST DATED 2/12/85 and the DONALD E. WEIR FAMILY REVOCABLE LIVING TRUST DATED 2/12/85, in personam; and M/V SMOKE, her engines, tackle, apparel, furniture, and appurtenances, in rem. 17 18 19 20 ) ) ) ) ) ) ) ) ) ) ) 3:12-cv-00468-HDM-WGC ORDER 21 22 Defendants. _________________________________ 23 24 Plaintiff’s filing of his amended complaint (#15) has rendered 25 the defendant’s motion to dismiss moot. 26 defendant’s motion to dismiss (#9) is denied as moot without 27 prejudice to the filing of any motion deemed appropriate relative 28 to the amended complaint. 1 Accordingly, the 1 IT IS SO ORDERED. 2 DATED: This 17th day of October, 2012. 3 4 ____________________________ UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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