Vick v. Ames Construction, Inc. et al

Filing 37

ORDER denying as moot 11 Motion to Dismiss for Failure to State a Claim; denying as moot 14 Motion to Dismiss for Failure to State a Claim. Signed by Senior Judge Frank D Whitney on 1/28/2025. (ams)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CASE NO. 3:24-CV-00575-FDW-DCK SHIRON VICK AND VICK COMPANIES, LLC, Plaintiffs, v. AMES CONSTRUCTION, INC. AND NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER THIS MATTER is before the Court on the Motions to Dismiss filed by Defendants Ames Construction, Inc. and the North Carolina Department of Transportation. (Doc. Nos. 11, 14.) In response to these motions to dismiss, Plaintiffs Shiron Vick and Vick Companies, LLC filed an Amended Complaint. (Doc. No. 17.) Defendants subsequently moved to dismiss the Amended Complaint. (Doc. Nos. 22, 23.) Accordingly, the first Motions to Dismiss, (Doc. Nos. 11, 14), are DENIED AS MOOT. IT IS THEREFORE ORDERED that Ames Construction, Inc.’s Motion to Dismiss, (Doc. No. 11), and the North Carolina Department of Transportation’s Motion to Dismiss, (Doc. No. 14), are DENIED AS MOOT. IT IS SO ORDERED. Signed: January 28, 2025

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