Saratoga Advantage Trust v. ICG, Inc., et al.
Filing
68
ORDER Plaintiff having filed a first amended class action complaint, the defendants' 54 MOTION to dismiss is denied without prejudice as moot. Signed by Judge John T. Copenhaver, Jr. on 7/21/2009. (cc: attys; any unrepresented party) (ras)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON
SARATOGA ADVANTAGE TRUST, On Behalf of Itself and All Others Similarly Situated, Plaintiff, v. ICG, INC. a/k/a INTERNATIONAL COAL GROUP, INC., WILBUR L. ROSS, JR., BENNETT K. HATFIELD, WENDY L. TERAMOTO, and WILLIAM D. CAMPBELL, Defendants. Civil Action No. 2:08-0011
ORDER
Pending is the motion to dismiss of the defendants, filed on May 15, 2009. On July 6, 2009 plaintiff filed a first
amended class action complaint, mooting the defendants' motion. It is accordingly ORDERED that the motion to dismiss of the defendants be, and it hereby is, denied without prejudice as moot.
The Clerk is directed to forward copies of this order to all counsel of record. DATED: July 21, 2009
John T. Copenhaver, Jr. United States District Judge
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