Mallatere v. Town of Boone

Filing 12

ORDER denying without prejudice 7 Motion to Dismiss. Defendant shall file its responsive pleading to the Amended Complaint within the time allotted by the FRCP. Signed by Senior Judge Graham Mullen on 4/16/2018. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
NO. 5:18-cv-006

BARRY DAMON MALLATERE
Plaintiff,
v.
ORDER
TOWN OF BOONE, a North Carolina
Municipal Corporation,
Defendant.

THIS MATTER is before the Court on the Motion to Dismiss (Doc. No. 7) filed on behalf
of the Defendant, Town of Boone.
Plaintiff filed his Complaint on January 10, 2018. After receiving an extension of time to
answer, Defendant filed a Motion to Dismiss on March 26, 2018. Plaintiff then timely filed an
Amended Complaint in accordance with Fed. R. Civ. P. Rule 15 on April 14, 2018. Defendant’s
Motion to Dismiss has been rendered moot by Plaintiff’s Amended Complaint.
THEREFORE Defendant’s Motion to Dismiss (Doc. No. 7) is hereby DISMISSED
WITHOUT PREJUDICE. Defendant shall file its responsive pleading to the Amended
Complaint within the time allotted by the Federal Rules of Civil Procedure.
SO ORDERED.
Signed: April 16, 2018