PNC Bank, National Association v. Futch

Filing 30

ORDER denying as moot 23 Motion to Dismiss for Failure to State a Claim. Signed by Senior Judge W. Earl Britt on 2/11/2015. (Marsh, K)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO: 7:14-CV-00097-BR
PNC BANK, N.A.,
Plaintiff,
v.
LARK B. FUTCH,
Defendant.

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ORDER

This matter is before the court on plaintiff’s 5 December 2014 motion to dismiss
defendant’s counterclaims. (DE # 23.) On 6 February 2015, defendant filed a notice of
voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (DE # 29.)
Because defendant has voluntarily dismissed her counterclaims against plaintiff without
prejudice, plaintiff’s motion to dismiss defendant’s counterclaims is DENIED AS MOOT.
This 11 February 2015.

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W. Earl Britt
Senior U.S. District Judge