Bankley v. TransEnterix, Inc. et al.

Filing 89

ORDER denying as moot 42 Motion to Dismiss for Failure to State a Claim. The court will resolve defendants' motions to dismiss the amended complaint [D.E. 82, 84] in due course. Signed by Chief Judge James C. Dever III on 1/5/2017. (Briggeman, N.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DMSION No. 5:16-CV-313-D THE TRANSENTERIX INVESTOR GROUP,) Individually and on behalf of All Others ) Similarly Situated, ) ) Plaintiff, ) ) v. ) TRANSENTERIX, INC., et al., Defendants. ORDER ) ) ) ) Defendants' motion to dismiss plaintiff's complaint [D.E. 42] is DENIED as moot in light of the amended complaint. The court will resolve defendants' motions to dismiss the amended complaint [D.E. 82, 84] mdue course. SO ORDERED. This _s_ day of January 2017. J SC.DEVERill Chief United States District Court

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