Opinion
Case No. 2:04-cv-738.
August 30, 2006
ORDER
On July 31, 2006, Defendant-Third Party Plaintiff American Community Services, Inc. ("ACS"), filed a Motion for Summary Judgment against Plaintiffs in this case (Doc. 53). In that Motion, ACS states that although it had a Motion to Dismiss for lack of personal jurisdiction pending (Doc. 8) it "hereby withdraws that motion, preferring to have this case decided on the merits." (Def. Mot. for Summ. J. 2.)
Accordingly, ACS's Motion to Dismiss for lack of personal jurisdiction (Doc. 8), is moot and shall be stricken from the record.
It is so ORDERED.