Opinion
No. 04-CV-74990-DT.
February 13, 2006
ORDER DISMISSING DEFENDANTS' PENDING JOINT MOTION TO DISMISS, WITHOUT PREJUDICE
Defendants having filed a Fed.R.Civ.P. 12(b)(6) Joint Motion to Dismiss well in advance of the close of discovery in this matter; and the Court having determined that a fully developed record is necessary for adjudication of the issues raised in Defendants' motion; and being otherwise fully advised in the premises,
NOW, THEREFORE,
IT IS HEREBY ORDERED that Defendants' January 25, 2005 Joint Motion to Dismiss (Dkt. # 6) is denied, without prejudice to Defendants' right to seek relief pursuant to Fed.R.Civ.P. 56 by re-filing their motion at the dispositive motion cutoff.