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)

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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 ) GROUP, INC., et al., ) ) Defendants. ) ___________________________________ ) 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]. -1- Signed: April 3, 2012 -2-

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