Purvis Industries, LP v. Spokane Industries, Inc.

Filing 56

MEMORANDUM OPINION AND ORDER by Sr. District Judge Robert C. Brack denying 30 Opposed MOTION for Judgment on the Pleadings and for Partial Dismissal for Failure to State a Claim and 46 MOTION for Judgment on the Pleadings and for Partial Dismissal for Failure to State a Claim with Respect to Count II of Plaintiffs Complaint (Unfair Practices), It Is Further Ordered that Spokane may revise and refile its motion in light of Plaintiff's Amended Complaint by May 28, 2019. (jn)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
PURVIS INDUSTRIES, LLC, d/b/a
IMSCO,
Plaintiff,
v.

No. 18-cv-00585 RB-LF

SPOKANE INDUSTRIES, INC.,
Defendant.
MEMORANDUM OPINION AND ORDER
This matter is before the Court on Defendant Spokane Industries, Inc.’s (Spokane) two
Motions for Partial Judgment on the Pleadings. (Docs. 30; 46.) The Court recently granted in part
Plaintiff’s motion for leave to file an amended complaint (see Doc. 52), and Plaintiff subsequently
filed its Amended Complaint on May 9, 2019 (Doc. 53). In light of these developments, the Court
will dismiss Spokane’s currently pending motions for judgment on the pleadings without prejudice
and allow Spokane time to refile revised versions of its motions based on the Amended Complaint.
The Court declines to address the parties’ legal arguments as to whether an amended complaint
renders a pending motion for judgment on the pleadings moot as a matter of law. (See Docs. 47 at
7; 49 at 4.) Rather, the Court finds that allowing Spokane to revise its arguments based on the new
pleading will be more efficient and better reflect both parties’ positions than attempting to review
the prior motions in light of the new complaint.
THEREFORE,
IT IS ORDERED that Spokane’s Motions for Partial Judgment on the Pleadings (Docs.
30; 46) are DENIED as moot;

IT IS FURTHER ORDERED that Spokane may revise and refile its motions in light of
Plaintiff’s Amended Complaint by May 28, 2019, and subsequent briefing on the revised motions
will proceed on a regular schedule.

___________________________________
ROBERT C. BRACK
SENIOR U.S. DISTRICT JUDGE

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