Case No. 2:06-CV-831.
July 2, 2007
Plaintiff filed this action on October 2, 2006. The Defendant filed an Answer with Counterclaims, as well as a Third Party Complaint on October 20, 2006. (Doc. #11). The Plaintiff filed a Motion to Dismiss the Counterclaims on November 13, 2006. (Doc. #15). Following briefing of the motion, the Plaintiff filed an Amended Complaint, on May 15, 2007. (Doc. #59). The Defendant moves to dismiss Count VI of the Amended Complaint. (Doc. #60).
In the Court's view, the Plaintiff's original Motion to Dismiss the Counterclaims ( Doc. #15) is DENIED as moot in view of Plaintiff's filing of an Amended Complaint. Once the Court resolves the Defendant's Motion to Dismiss Count VI of the Amended Complaint, it may be appropriate for Defendant to file an Amended Answer with Counterclaims. If appropriate, Plaintiff may then file a renewed Motion to Dismiss.
The Court notes that there is a pending Motion by the Third Party Defendant to Dismiss the Third Party Complaint. (Doc. #21). The Court will consider the merits of this motion by separate Order. At this juncture, the Clerk is DIRECTED to remove Doc. #15 from the Court's pending motions list.