Opinion
Civil Action No. 12-cv-02482-WYD-KLM
03-24-2013
LILIA E. GARCIA, Plaintiff, v. IRS, INTERNAL REVENUE SERVICE, Defendant.
MINUTE ORDER
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff's "Motion to Continue Case" [Docket No. 9; Filed October 4, 2012], "Motion to Not Remove Case" [#14; Filed October 5, 2012], "Motion Case Open" [#18; Filed October 9, 2012], "Motion to Deny" [#19; Filed October 9, 2012] and "Motion to Answer" [#24; Filed October 11, 2012] (collectively, the "Motions"). Defendants have not filed a response to any of the Motions.
In an Order issued on in October 11, 2012, this case was consolidated with Case No. 12-cv-01824-WYD-KLM. [#23 of 12-cv-02482-WYD-KLM and #32 of 12-cv-01824-WYD-KLM]. The Order directed that all pleadings and other filings be filed in Case No. 12-cv-01824-WYD-KLM. Id. In addition, after granting Defendant's Motion to Strike the Amended Complaint in 12-cv-01824-WYD-KLM [#14] and Defendant's Motion for a More Definite Statement in 12-cv-02482-WYD-KLM [#10], the Court directed Plaintiff to submit a Second Amended Complaint, to be filed in 12-cv-01824-WYD-KLM only. [#63 of 12-cv-01824-WYD-KLM]. Thus, the Second Amended Complaint, had Plaintiff ever filed it, was to be the operative complaint for the consolidated action.
The Court recently issued a Recommendation that this consolidated action be dismissed. See [#124] of 12-cv-01824-WYD-KLM. Accordingly,
IT IS HEREBY ORDERED that in light of the Court's Recommendation [#124] that this consolidated action be dismissed, Plaintiff's Motions [## 9, 14, 18, 19 and 24] are DENIED AS MOOT.