van der Vaart et al v. McCarthy et al

Filing 20

ORDER denying as moot 12 Motion to Dismiss for Lack of Jurisdiction. Signed by Chief Judge James C. Dever III on 7/20/2016. (Briggeman, N.)

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:16-CV-138-D

DONALD VANDER VAART, and
NORTH CAROLINA DEPARTMENT
OF ENVIRONMENTAL QUALITY,
Plaintiffs

v.

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GINA MCCARTHY, Administrator, and
UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY,
Defendants.

ORDER

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On June 3, 2016, defendants moved to dismiss the complaint. See [D.E. 12]; Fed. R. Civ.
P. 12(b)(1). On June 24,2016, plaintiffs filed a first amended complaint. See [D.E. 14]. On July
15, 2016, defendants filed an answer to the first amended complaint. See [D.E. 18].

In light of the first amended complaint and answer, defendants' motion to dismiss [D.E. .12]
is DENIED as moot.
SO ORDERED. This 2.0 day of July 2016.