Opinion
3:04cv92.
May 8, 2007
ORDER
THIS MATTER is before the Court on the motion of the plaintiff (Doc. No. 120) to certify the summary judgment order (Doc. No. 109) as final, pursuant to Fed.R.Civ.P. 54(b).
This motion was filed while the plaintiff's appeal of the summary judgment order was pending. On April 20, 2007, the United States Court of Appeals for the Fourth Circuit dismissed the appeal. (Doc. No. 125).
IT IS, THEREFORE, ORDERED that the plaintiff's motion is DENIED as moot. This matter will be scheduled for trial by separate order.