i play. inc. v. Winc Design Limited et al

Filing 25

ORDER denying as moot 16 Motion to Dismiss for Lack of Jurisdiction; denying as moot 21 Motion to Amend/Correct. IT IS FURTHER ORDERED that the Show Cause Order [Doc. 17] is hereby DISCHARGED. Signed by District Judge Martin Reidinger on 09/21/13. (emw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:13-cv-00062-MR

i play. inc.,

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Plaintiff,
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vs.
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WINC DESIGN LIMITED, et al., )
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Defendants.
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___________________________ )

ORDER

THIS MATTER is before the Court on Defendant Pure Precision
Limited’s Motion to Dismiss [Doc. 16]; the Plaintiff’s Response to the
Court’s Show Cause Order [Doc. 19]; the Plaintiff’s Amended Complaint
[Doc. 20]; and the Plaintiff’s Motion to Amend Summons [Doc. 21].
The Defendant Pure Precision Limited filed a motion to dismiss the
Plaintiff’s Complaint on August 26, 2013. [Doc. 16]. On September 12,
2013, the Plaintiff filed an Amended Complaint as of right pursuant to Rule
15(a)(1)(B).

[Doc. 20].

The Plaintiff’s original Complaint having been

superseded by the filing of the Amended Complaint, the Defendant’s
Motion to Dismiss shall be denied as moot.

On August 29, 2013, the Court entered an Order directing the Plaintiff
to show cause for its failure to effect service on the Defendant Winc Design
Limited. [Doc. 17]. The Plaintiff now responds to that Order, setting forth
the steps taken by Plaintiff’s counsel to serve Winc Design with service of
process in Hong Kong, China. [Doc. 19].
Upon review of the Plaintiff’s Response, the Court concludes that the
Plaintiff has shown due diligence in its efforts to serve Winc Design.
Accordingly, the Show Cause Order will be discharged.
Finally, the Plaintiff seeks to amend the Summons in this matter.
[Doc. 21]. The record reflects that the Clerk of Court issued a Summons
for the Amended Complaint which contains the amendments requested by
the Plaintiff.

Accordingly, the Plaintiff’s Motion to Amend Summons is

moot.
IT IS, THEREFORE, ORDERED that Defendant Pure Precision
Limited’s Motion to Dismiss [Doc. 16] is DENIED AS MOOT.
IT IS FURTHER ORDERED that the Show Cause Order [Doc. 17] is
hereby DISCHARGED.
IT IS FURTHER ORDERED that the Plaintiff’s Motion to Amend
Summons [Doc. 21] is DENIED AS MOOT.

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IT IS SO ORDERED.

Signed: September 21, 2013

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