Durkee v. Jett et al

Filing 37

ORDER re 31 MOTION to Dismiss (Complaint originally filed under File No. 1:08-cv-231), 32 MOTION to Dismiss (Complaint originally filed under File No. 1:09-cv-227) are DEEMED moot. Signed by Magistrate Judge Dennis Howell on November 3, 2009. (jhg)

I N THE UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF NORTH CAROLINA A S H E V IL L E DIVISION 1 :0 8 cv 4 2 9 [c o n s o lid a t in g 1:08cv429, 1:09cv30, 1:09cv227, and 1:09cv231] M A R G I E GAIL DURKEE; MICHAEL EARL D U R K E E ; JACKIE NEWTON, Guardian Ad L ite m on behalf of C. D.; BARNEY DURKEE; a n d BARBARA DURKEE; P la in t if fs , V s. C A R R O L L JETT; CORETRANS, LLC; D O M T A R PAPER COMPANY, LLC; D O M T A R INDUSTRIES, INC.; DOMTAR, I N C .; DOMTAR CORPORATION; P E O P L E A S E CORPORATION, D efen d an ts. _______________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

ORDER

T H I S MATTER is before the court on the following motions: (1 ) (2) P e o p le a s e Corporation's Motion to Dismiss (#31); and P e o p le a s e Corporation's Motion to Dismiss (#32).

It appearing that plaintiffs have filed a Stipulation of Dismissal of certain claims w h ic h resolves the dispositive motions, the court will formally deem such motions to be moot.1

The court notes that the Clerk of this court has properly terminated such motions in advance of this Order. The undersigned intends this Order only to be a housekeeping measure so that all parties may be advised of the reason for the termination of such motions. -1-

1

ORDER I T IS, THEREFORE, ORDERED that Peoplease Corporation's Motion to D is m is s (#31) and Peoplease Corporation's Motion to Dismiss (#32) are DEEMED m o o t.

Signed: November 3, 2009

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