Orndorff v. Village of Marvin et al

Filing 19

ORDER Dismissing Without Prejudice 6 Motion to Dismiss for Failure to State a Claim. Signed by Senior Judge Graham Mullen on 11/21/2017. (jaw)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:17-cv-00618 G. KENNETH ORNDORFF, Plaintiff, v. VILLAGE OF MARVIN, and MARIA GRAZIA SHKUT, in her individual capacity Defendants. ORDER v. RALEY MILLER PROPERTIES, INC., RTS INVESTORS II, LLC, DAVID MILLER, and LARRY RALEY Third-Party Defendants THIS MATTER is before the Court on Defendant Village of Marvin’s Motion to Dismiss (Doc. No. 6). Plaintiff filed this case on September 15, 2017, in Union County Superior Court. On October 23, 2017, Defendants removed the matter to this Court and subsequently filed a Motion to Dismiss. Plaintiff timely filed an Amended Complaint in accordance with Fed. R. Civ. P. Rule 15 on October 26, 2017. Defendant’s Motion to Dismiss has been rendered moot by Plaintiff’s Amended Complaint. THEREFORE Defendant’s Motion to Dismiss is hereby DISMISSED WITHOUT PREJUDICE. SO ORDERED. Signed: November 21, 2017

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