USA Trouser, S.A. de C.V. v. International Legwear Group, Inc. et al
Filing
27
ORDER the Court DIRECTS parties to SHOW CAUSE in writing, not to exceed 5 pages, by 4/10/2012, whether a ruling is needed on the pending 3 MOTION to Dismiss. Signed by Magistrate Judge Dennis Howell on 4/3/12. (ejb)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11cv244
USA TROUSER, S.A. de C.V.,
)
)
Plaintiff,
)
)
v.
)
)
INTERNATIONAL LEGWEAR
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GROUP, INC., et al.,
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Defendants.
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___________________________________ )
ORDER
Pending before the Court is Defendants’ Motion to Dismiss [# 3].
Defendants move to dismiss the breach of fiduciary duty/constructive trust claim
and the conversion claim. After Defendants filed their motion, however, the Court
entered an Order striking Defendant International Legwear Group, Inc.’s
(“International Legwear”) Answer and directed the Clerk to enter default against
Defendant International Legwear. (Order Striking Answer, Jan. 31, 2012.)
Although the Complaint is not entirely clear, it appears that Counts Two and Seven
were directed solely at Defendant International Legwear and not the Individual
Defendants. To the extent that the Motion to Dismiss was directed only at claims
asserted against Defendant International Legwear, the Court questions whether a
ruling on the Motion to Dismiss is required and whether the motion is now moot.
Accordingly, the Court DIRECTS the parties to SHOW CAUSE in writing, not to
exceed five (5) pages, by April 10, 2012, whether a ruling is needed on the pending
Motion to Dismiss [# 3].
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Signed: April 3, 2012
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