Estate of Waldrup v. National Heritage Realty

Full title: THE ESTATE OF BETTIE JEAN WALDRUP, DECEASED, BY AND THROUGH JAMES W…

Court: United States District Court, N.D. Mississippi, Greenville Division

Date published: Dec 27, 2005

Civil Action No. 4:05cv98-p-b (N.D. Miss. Dec. 27, 2005)

Opinion

Civil Action No. 4:05cv98-p-b.

December 27, 2005

ORDER

W. PEPPER JR., District Judge

These matters come before the court upon Defendants' Motion to Dismiss Indianola Health Rehabilitation Center [9-1] and Motion to Dismiss First Amended Complaint by Defendant Indianola Health Rehabilitation [17-1]. Upon due consideration of the motions and the responses filed thereto, the court finds as follows, to-wit:

The motions should be denied as moot given the court's December 20, 2005 Order wherein the court granted the plaintiff's motion to substitute "National Heritage Realty, Inc. d/b/a Indianola Health and Rehabilitation Center" in place of all named defendants originally identified.

IT IS THEREFORE ORDERED AND ADJUDGED that Defendants' Motion to Dismiss Indianola Health Rehabilitation Center [9-1] and Motion to Dismiss First Amended Complaint by Defendant Indianola Health Rehabilitation [17-1] are both DENIED AS MOOT.

SO ORDERED.