Knight v. Western Surety Company

Filing 17

ORDER denying as moot 9 Motion to Dismiss for Failure to State a Claim; granting 15 Motion for Extension of Time to Answer Western Surety Company answer due 8/18/2014. Counsel is reminded to read the order in its entirety. Signed by Senior Judge James C. Fox on 8/6/2014. (Edwards, S.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:14-CV-270-F

THE UNITED STATES, for the use
and benefit of BRUCE KNIGHT,
Plaintiffs,

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v.
WESTERN SURETY COMPANY,
Defendant.

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ORDER

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_________________________ )
In an order filed on July 23, 2014 [DE-13], the court allowed Plaintiffs motion to file an
amended complaint. The court observed Plaintiffs suggestion that the amendments may moot
Defendant's pending motion to dismiss [DE-9], and directed Defendant to file a reply addressing
the issue. Defendant has timely complied with the court's directive, and agrees that "Plaintiffhas
amended his Complaint in this action to allege sufficient facts which, if true, moot [Defendant's]
Motion to Dismiss." Reply [DE-16] at 2. Accordingly, Defendant's pending motion to dismiss
[DE-9] is DENIED as moot.
Defendant also has filed, with Plaintiffs consent, a motion [DE-15] seeking an extension
of time to file an answer or other responsive pleading to the amended complaint, up to and
including August 18,2014. For good cause shown, the motion is ALLOWED, and Defendant is
allowed up to and including August 18, 2014 in which to serve an answer or otherwise respond
to the amended complaint.

SO ORDERED.
This the _L!_ day of August, 2014.

ESC. FOX
J
Senior United States District Judge

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