Opinion
Case No. 06-11749.
May 19, 2006
ORDER
This matter is before the Court on Defendant's Motion to Dismiss (Doc. #6). Defendant moved to dismiss Plaintiff's Complaint because one of the two contracts the suit is based on involves a mandatory forum selection clause. Unsure of the proper mechanism to seek dismissal, Defendant sought dismissal under Federal Rule of Civil Procedure 12(b)(1), 12(b)(3), and 12(b)(6); and under the doctrine of forum non conveniens.
On May 17, 2006, Plaintiff filed an Amended Complaint eliminating reference to the contract containing the forum selection clause.
Accordingly, Defendant's Motion to dismiss is MOOT and the hearing scheduled June 9, 2006 is cancelled. IT IS SO ORDERED.