K.B., et al. v. Edgecome County Public School Board of Education, et al.

Filing 62

ORDER denying as moot 37 Motion to Dismiss for Failure to State a Claim; denying as moot 37 Motion to Dismiss for Lack of Jurisdiction; denying as moot 39 Motion to Dismiss for Failure to State a Claim; denying as moot 39 Motion to Dismis s for Lack of Jurisdiction; denying as moot 45 Motion to Dismiss; granting 55 Motion for Leave to File. The amended complaint is due no later than August 18, 2017. Defendants may plead in response to the amendedcomplaint in accordance with the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 15( a)(3). Signed by Chief Judge James C. Dever III on 8/14/2017. (Briggeman, N.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION No. 4:16-CV-271-D : KIMBERLY BIGGS, in her individual capacity and as guardian ad litem of L.B., and L.B., ) ) ) ) Plaintiffs, ) ) v. ) ) EDGECOMBE COUNTY PUBLIC ) SCHOOLS BOARD OF EDUCATION, et al.,) ) ) Defendants, ) ORDER Plaintiff's motion to file a second amended complaint [D.E. 55] is GRANTED. The amended complaint is due no later than August 18, 2017. Defendants may plead in response to the amended complaint in accordance with the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 15(a)(3). The motions to dismiss [D.E. 37, 39, 45] the earlier complaint are DENIED as moot. SO ORDERED. This __11. day of August 2017.

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