Klimas v. Carolina Asthma and Allergy Center, P.A.

Filing 8

ORDER denying without prejudice 3 Motion to Dismiss. The defendant shall file its Answer to the Complaint within 14 days. As this matter has been reassigned, the Initial Scheduling Order dated January 20, 2017 is stricken as inapplicable.. Signed by District Judge Max O. Cogburn, Jr on 4/12/2017. (chh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:17-cv-00029-MOC-DCK
JOHN T. KLIMAS M.D.,

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Plaintiff,
Vs.
CAROLINA ASTHMA AND ALLERGY
CENTER, P.A.,

Defendant.

ORDER

THIS MATTER is before the Court on defendant’s Motion to Dismiss under Rule
12(b)(6), Federal Rules of Civil Procedure. Having considered defendant’s motion and reviewed
the pleadings, including plaintiff’s Response (#6) and defendant’s Reply (#7), the Court enters the
following Order.
ORDER
IT IS, THEREFORE, ORDERED that defendant’s Motion to Dismiss (#3), seeking
dismissal under Rule 12(b)(6), is DENIED without prejudice as to reasserting the substance of
such motion at summary judgment, after discovery has closed. Defendant shall file its Answer to
the Complaint within 14 days.
As this matter has been reassigned, the Initial Scheduling Order dated January 20, 2017, is
stricken as inapplicable to the undersigned’s cases.

Signed: April 12, 2017

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