Alfaro et al V City of Houston et al

Filing 40

ORDER entered DENYING as MOOT 4 MOTION to Dismiss Plaintiffs' Second Amended Petition (DE 1-12).(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
EDITH ALFARO, et al.,
Plaintiffs,
v.
CITY OF HOUSTON and ABRAHAM
JOSEPH,
Defendants.

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CIVIL ACTION NO. H-11-1541

ORDER
Currently pending in this case are two motions to dismiss by the City of Houston. (Docket
Entry Nos. 4, 33). The first motion to dismiss was mooted by this court’s order granting the
plaintiffs’ unopposed motion to file a third amended complaint, (Docket Entry No. 29), which the
plaintiffs have filed, (Docket Entry No. 30). The first motion to dismiss, (Docket Entry No. 4), is
denied as moot. The second motion to dismiss, (Docket Entry No. 33), will be discussed at
tomorrow’s discovery hearing.
SIGNED on March 12, 2012, at Houston, Texas.

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Lee H. Rosenthal
United States District Judge