Sain v. Branch Banking & Trust, Inc.

Filing 27

ORDER finding as moot 5 Motion to Allow Electronic Filing by a Party Appearing Without an Attorney; finding as moot 8 Motion to Dismiss. Signed by Judge Jackson L. Kiser on 3/17/09. (ham)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA DANVILLE DIVISION ANTHONY D. SAIN, on behalf of Citizens of United States, Plaintiff, v. Branch Banking & Trust, Inc., Defendant. ) ) ) ) ) ) ) ) ) )

Case No. 4:08CV00040 ORDER By: Jackson L. Kiser Senior United States District Judge

Before me is the Plaintiff's Amended Complaint [24], filed March 10, 2009. Because the Amended Complaint renders the Plaintiff's original Complaint [3] moot, the Defendant's First Motion to Dismiss Plaintiff's Class Action Complaint [8] is also moot. Therefore, the Notice of Hearing [21] on the Defendant's Motion to Dismiss is withdrawn from the docket. Similarly, because the Plaintiff has retained counsel [23], the Plaintiff's Motion to Allow Electronic Filing by a Party Appearing Without an Attorney and Supporting Information [5] is also moot. Therefore, the Notice of Hearing [16] on the Plaintiff's Motion to Allow Electronic Filing is withdrawn from the docket. The Clerk is directed to send a copy of this Order to all counsel of record. Entered this 17th day of March, 2009. s/Jackson L. Kiser Senior United States District Judge

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