Kelly v. Georgia-Pacific, LLC et al

Filing 70

ORDER finding as moot 47 Motion to Dismiss: On July 2,2010, plaintiffs Earl Clyde Kelly, James Wicker, and Teresa Wicker filed a second amended complaint [D.E. 68, 69]. In light of the second amended complaint, defendants' motion to dismiss th e amended complaint [D.E. 47] is DENIED as moot. The court will resolve defendants' motion to dismiss the second amended complaint in due course in accordance with the parties' May 19,2010 stipulation [D.E. 66]. No additional briefing is needed. Signed by Judge James C. Dever, III on 7/6/2010. Copies served. (Sawyer, D.)

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Kelly v. Georgia-Pacific, LLC et al Doc. 70 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No.7:08-CV-197-D EARL CLYDE KELLY, on behalf of h i m s e l f and all others similarly situated, Plaintiff, v. GEORGIA-PACWICLLC,and GEORGIA PACIFIC WOOD PRODUCTS LLC, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER On July 2,2010, plaintiffs Earl Clyde Kelly, James Wicker, and Teresa Wicker filed a second amended complaint [D.E. 68, 69]. In light of the second amended complaint, defendants' motion to dismiss the amended complaint [D.E. 47] is DENIED as moot. The court will resolve defendants' motion to dismiss the second amended complaint in due course in accordance with the parties' May 19,2010 stipulation [D.E. 66]. No additional briefing is needed. SO ORDERED. This ~ day of July 2010. ~....1h\/QA JSC.DEVERill United States District Judge Dockets.Justia.com

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