Reynolds & Reynolds Company v. Superior Integrated Solutions, Inc.

Filing 27

ENTRY AND ORDER OVERRULING REYNOLDS MOTION TO DISMISS (Doc. 21 ) WITHOUT PREJUDICE AND OVERRULING SISS EMERGENCY MOTION FOR A PRELIMINARY INJUNCTION (Doc. 24 ) WITHOUT PREJUDICE. Signed by Judge Thomas M Rose on 3/1/2013. (kf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
THE REYNOLDS & REYNOLDS
COMPANY,
Case No. 1:12-cv-848
Plaintiff,
Judge Thomas M. Rose
-vSUPERIOR INTEGRATED SOLUTIONS,
INC.,
Defendant.
______________________________________________________________________________
ENTRY AND ORDER OVERRULING REYNOLDS’ MOTION TO DISMISS (Doc. #21)
WITHOUT PREJUDICE AND OVERRULING SIS’S EMERGENCY MOTION FOR A
PRELIMINARY INJUNCTION (Doc. #24) WITHOUT PREJUDICE
______________________________________________________________________________
The Complaint in this matter was originally filed at the Southern District of Ohio’s Court
in Cincinnati. (Doc. #1.) Superior Integrated Solutions (“SIS”) answered and counterclaimed.
This case was then transferred to Judge Rose in Dayton as a related case. (Doc. #17.) On
February 7, 2013, The Reynolds & Reynolds Company (“Reynolds”) filed a Motion To Dismiss
SIS’s original Counterclaims (doc. #21) followed by the filing of an Amended Complaint (doc.
#22).
On February 21, 2013, SIS answered Reynolds’ Amended Complaint without reasserting
counterclaims. (Doc. #23.) On February 25, 2013, SIS filed a Emergency Motion for a
Preliminary Injunction. (Doc. #24.) Then, on February 28, 2013, SIS filed an Amended
Counterclaim. (Doc. #25.)
In sum, now before the Court to be adjudicated is Reynolds’ Amended Complaint and
SIS’s Amended Counterclaim. However, because SIS’s original counterclaim has been amended,

Reynolds’ Motion To Dismiss SIS’s original counterclaim is no longer relevant. Also, because
SIS’s counterclaim has been amended, SIS’s Emergency Motion for a Preliminary Injunction
involving its original counterclaim is no longer relevant. Therefore, Reynolds’ Motion To
Dismiss SIS’s counterclaims is overruled without prejudice to renewal because it is moot, and
SIS’s Emergency Motion for a Preliminary Injunction is overruled without prejudice to renewal
because it too is moot.
DONE and ORDERED in Dayton, Ohio this First day of March, 2013.

s/Thomas M. Rose
_______________________________
THOMAS M. ROSE
UNITED STATES DISTRICT
JUDGE
Copies furnished to:
Counsel of Record