NECA-IBEW Pension Fund v. Cox et al

Filing 73

ORDER GRANTING JOINT MOTION FOR LEAVE TO FILE THE AMENDED VERIFIED SHAREHOLDERS COMPLAINT (DOC. 72 ). Signed by Judge Timothy S. Black on 3/6/12. (mr1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
NECA-IBEW PENSION FUND,
Derivatively on Behalf of
CINCINNATI BELL, INC.,

Case No. 1:11-cv-451
Judge Timothy S. Black

Plaintiff,
vs.
PHILLIP R. COX, et al.,
Defendants.
ORDER GRANTING JOINT MOTION FOR LEAVE TO FILE THE
AMENDED VERIFIED SHAREHOLDERS COMPLAINT (DOC. 72)
Upon consideration of the Joint Motion for Leave to File the Amended Verified
Shareholders Derivative Complaint for Breach of Fiduciary Duty of Loyalty, Aiding and Abetting
and Unjust Enrichment (Doc. 72), and in accordance with Rule 15(a)(2) of the Federal Rules of
Civil Procedure, IT IS HEREBY ORDERED that:
1.

The Joint Motion is GRANTED;

2.

Plaintiff shall file the Amended Verified Shareholders Derivative Complaint for
Breach of Fiduciary Duty of Loyalty, Aiding and Abetting, and Unjust Enrichment
(Doc. 66, Ex. 1) WITHIN SEVEN DAYS of the date of entry of this Order;

3.

The pending Motion for Leave to File Plaintiff’s Amended Complaint and Dismiss
Defendant Wentworth (Doc. 66) is DENIED as moot;

4.

The pending Motion to Dismiss for Lack of Subject Matter Jurisdiction (Doc. 34) is
DENIED as moot.1

1

See Yates v. Applied Performance Techs., Inc., 205 F.R.D. 497, 499 (S.D. Ohio 2002)
(“Because amended complaints supersede the original pleading, the filing of the amended
complaint in this case did technically render the pending motion to dismiss moot.”).

IT IS SO ORDERED.
Date:

3/6/12

s/ Timothy S. Black
Timothy S. Black
United States District Judge