Opinion
CA No. 3:01-CV-709-R
April 22, 2002
ORDER
Now before the Court is Defendant SBC's JOINT MOTION SUBMISSION to Dismiss pursuant to Rule 12(b). The Court has become aware that the motion fails to comply with the Joint Motion Submission instructions provided in the Court's SCHEDULING ORDER (filed May 8, 2001). Although the Motion is styled a "Joint" Motion Submission, it is not joint. It contains only the Defendant's Motion to Dismiss, Brief in Support and Appendix. Therefore, the pleading is deficient and the Court instructs the Clerk of the Court that this motion should be immediately UNFILED. The case will proceed to trial on all outstanding matters.
It is so ORDERED.