American Automobile Insurance Company v. 4449 Holdings et al

Filing 20

ORDER denying as moot 12 Motion to Dismiss for Lack of Jurisdiction; denying as moot 13 Motion to Stay. Signed by District Judge Martin Reidinger on 1/31/12. (nll)

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THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:11cv332 AMERICAN AUTOMOBILE INSURANCE COMPANY, ) ) ) Plaintiff, ) ) vs. ) ) HOWARD JACOBS, an individual; ) JAMES ARMOUR, an individual; and ) 4449 HOLDINGS, LLC, a Limited ) Liability Company, ) ) Defendants. ) _______________________________ ) ORDER THIS MATTER is before the Court on the Plaintiff's Notice of Voluntary Dismissal Without Prejudice. [Doc. 19]. The Plaintiff has dismissed the Defendants James Armour and 4449 Holdings, LLC in the above-captioned action without prejudice pursuant to Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure. [Doc. 19]. Accordingly, the Motion to Dismiss for Improper Venue and Lack of Personal Jurisdiction and the Motion to Decline Jurisdiction or Stay Proceedings filed by these Defendants are now moot. IT IS, THEREFORE, ORDERED that the Motion to Dismiss for Improper Venue and Lack of Personal Jurisdiction [Doc. 12] and the Motion to Decline Jurisdiction or Stay Proceedings [Doc. 13] filed by the Defendants James Armour and 4449 Holdings, LLC are DENIED AS MOOT. IT IS SO ORDERED. Signed: January 31, 2012 2

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