Solomon Realty Company v. Tim Donut U.S. Limited, Inc. et al

Filing 68

ORDER finding as moot 40 Motion to Dismiss; finding as moot 41 Motion to Dismiss; finding as moot 10 Motion to Dismiss due to the filing of the Second Amended Complaint. Signed by Judge Algenon L. Marbley on 06/04/2009. (cw, )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Solomon Realty Company, Plaintiff, v. Tim Donut U.S. Limited, Inc., et al., Defendants. : : : : : : : : : : ORDER This matter comes before the Court on Defendants Tim Donut U.S. Ltd., Inc., The TDL Group, Lonnie Waldrop, and LRW Maxtown, LLC's Motions to Dismiss the Plaintiff's Complaint and First Amended Complaint. (Doc. Nos. 10, 40, 41.) Those motions to dismiss are addressed to the Plaintiff's original complaint and first amended complaint. Since those motions were docketed, the Plaintiff filed a Second Amended Complaint (doc. no. 64). Based on that filing, the defendants' previous motions to dismiss are MOOT. This ruling does not affect the ability of the defendants to incorporate by reference the arguments contained in their previous motions in their Motions to Dismiss the Plaintiff's Second Amended Complaint. (Doc. Nos. 66 and 67.) IT IS SO ORDERED.

Case No. 2:08-cv-561 Judge Marbley Magistrate Judge Kemp

s/Algenon L. Marbley ALGENON L. MARBLEY UNITED STATES DISTRICT JUDGE DATED: June 4, 2009