Opinion
CASE NO. 1:05 CV 1510.
April 30, 2008
ORDER GRANTING MOTION TO WITHDRAW COUNTERCLAIMS AND DECLARING MOTION FOR DISMISSAL MOOT [ECF ##172 AND #174]
On 19 July 2007 defendant Paragon Data Systems, Inc. ("Paragon") filed an Answer to Plaintiff's First Amended Complaint and Counterclaim. (ECF #170). On 1 August 2007 plaintiff Automated Solutions Corporation ("Automated") filed a Motion for Dismissal of Defendant's Counterclaims [Docket #170]. (ECF #172). On 17 August 2007 Paragon filed a Notice of Withdrawal of Counterclaim filed in Error as Part of Amended Answer. (ECF #174). The Court will treat Paragon's filing ECF #174 as a Motion for Leave to File Withdrawal and will grant the motion. The withdrawal of Paragon's counterclaims filed as ECF #170 renders moot Automated's motion for dismissal filed as ECF #172.
IT IS SO ORDERED.