Golder Associates, Inc. v. Edge Environmental, Inc.

Full title: GOLDER ASSOCIATES, INC., a Georgia corporation, Plaintiff(s), v. EDGE…

Court: United States District Court, D. Colorado

Date published: May 3, 2007

Civil Action No. 06-cv-01260-WYD-BNB (D. Colo. May. 3, 2007)

Opinion

Civil Action No. 06-cv-01260-WYD-BNB.

May 3, 2007

ORDER

WILEY DANIEL, District Judge

THIS MATTER is before the Court on a review of the file. On May 2, 2007, Defendants filed an Answer and Amended Counter-Claims (docket #48). In light of the filing of the Amended Counterclaims, Plaintiff's Motion to Dismiss Counterclaims, Pursuant to Fed.R.Civ.P. 12(b)(6), filed October 26, 2006 (docket #24) must be denied as moot. However, should Plaintiff move for dismissal of the Amended Counterclaims, it need not rebrief issues discussed in the original motion to dismiss, and may incorporate relevant portions of the original motion it wishes the Court to consider. If such motion to dismiss is filed, Plaintiff is directed to discuss how the new allegations set forth in the Amended Counterclaims alter the analysis in the original motion to dismiss. Therefore, it is hereby

ORDERED that Plaintiff's Motion to Dismiss Counterclaims, Pursuant to Fed.R.Civ.P. 12(b)(6), filed October 26, 2006 (docket #24) is DENIED AS MOOT.