ATM EXPRESS, INC. v. CITY OF MONTGOMERY

Full title: ATM EXPRESS, INC., Plaintiff, v. CITY OF MONTGOMERY, ALABAMA, Defendant

Court: United States District Court, M.D. Alabama, Northern Division

Date published: Jul 8, 2005

Civil Action No. 2:04CV990-M (M.D. Ala. Jul. 8, 2005)

Opinion

Civil Action No. 2:04CV990-M.

July 8, 2005

ORDER

VANZETTA McPHERSON, Magistrate Judge

On 10 November 2004, the Montgomery City Council filed a Motion To Dismiss (Doc. # 14). By agreement of the parties (Doc. # 19), and for good cause, it is hereby

ORDERED that the motion to dismiss is GRANTED. Accordingly, ATM's claims against the Montgomery City Council are hereby DISMISSED with prejudice, and the City Council is hereby terminated as a party defendant.

This order, however, shall not be construed as a finding that the specific grounds asserted by the City Council for dismissal are valid.¹ Rather, the order is premised exclusively upon the parties' agreement that the City Council should be dismissed.

1 The City Council cited ATM's lack of standing, its own lack of legal status, this court's lack of jurisdiction, and Rule 12(b)(6), FED. R. CIV. PRO. as grounds for dismissal.