Awards Depot, LLC v. Trophy Depot, Inc

Filing 21

ORDER entered MOOTING 8 MOTION to Dismiss Per Federal Rule of Civil Procedure 12(B)(6), MOOTING 13 MOTION for Motion to Dismiss and Motion to Transfer Venue Hearing re: 8 MOTION to Dismiss Per Federal Rule of Civil Procedure 12(B)(6), 11 MOTION to Transfer Case (motion is moot based on hearing already set). The request to strike is [Docket Entry No. 18] is granted. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
AWARDS DEPOT, LLC,
Plaintiff,
v.
TROPHY DEPOT, INC.,
Defendant.

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August 21, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. H-18-1838

ORDER
On June 4, 2018, Awards Depot sued Trophy Depot seeking a declaratory judgment that
Trophy Depot materially breached a prior settlement agreement between the parties. (Docket Entry
No. 1). On July 30, Trophy Depot moved to dismiss and to transfer venue. (Docket Entry Nos. 8,
11). On August 16, Awards Depot filed its first amended complaint. (Docket Entry No. 15). Four
days later, Awards Depot responded to the motion to dismiss and the motion to transfer venue.
(Docket Entry Nos. 16, 17). That same day, Trophy Depot moved to strike Awards Depot’s
response to the motion to dismiss, arguing that the amended complaint made the motion to dismiss
moot, and required a new responsive pleading. (Docket Entry No. 18).
The motion to strike, (Docket Entry No. 18), is granted. The motion to dismiss, (Docket
Entry No. 8), is denied as moot, without prejudice and with leave to reurge based on the amended
complaint.
SIGNED on August 21, 2018, at Houston, Texas.
______________________________________
Lee H. Rosenthal
Chief United States District Judge