Woods v. Bank of America Group Benefits Program et al

Filing 26

ORDER denying as Moot 9 Defendant's Motion to Dismiss State Law Claims and Motion to Strike the Jury Demand and Damages claims.. Signed by District Judge Max O. Cogburn, Jr on 3/13/17. (ssh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:16-cv-00784-MOC-DSC
TONY D. WOODS,
Plaintiff,
Vs.
BANK OF AMERICA CORPORATION
BANK OF AMERICA GROUP BENEFITS
PROGRAM,
Defendant.

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ORDER

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THIS MATTER is before the court on defendants’ Motion to Dismiss the State Law
Claims and Motion to Strike the Jury Demand and Damages Claims (#9). Having considered the
Motion (#9) and reviewed the pleadings, the court enters the following Order.
Subsequent to the filing of the Motion, plaintiff filed a first Amended Complaint (#20) in
this matter. The defendants’ Answer, or Answers, is, or are, not due until March 2017 according
to a recent Order (#24). The plaintiff avers that the original Complaint has been amended to
address the concerns of the defendants’ Motion. Plaintiff Response (#21) at 2. Inter alia, the
Amended Complaint has removed the jury demand and “reconfigure[d] the requests for relief.”
Id. Accordingly, the defendants’ Motion has been rendered moot by the amendments to the
Complaint.

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ORDER
IT IS, THEREFORE, ORDERED that defendants’ Motion to Dismiss the State Law
Claims and Motion to Strike the Jury Demand and Damages Claims (#9) is DENIED, without
prejudice, as MOOT. The defendants may reassert their Rule 12(b)(6) Motion after the filing of
the Answer, or Answers, to the First Amended Complaint (#20).

Signed: March 13, 2017

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