Opinion
2:10-CV-1290 JCM (PAL).
May 17, 2011
ORDER
Presently before the court is defendant Robert Beckett's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), or for a judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). (Doc. #19).
Following the filing of the present motion, the court consolidated the above captioned case with Mairs et al v. Beckett et al (Case No. 2:10-cv-00874-JCM-PAL). (Doc. #22). Subsequently, defendant Beckett's motion to dismiss was filed (doc. #45) in the consolidated case. On February 17, 2011, the court entered an order (doc. #59) denying as moot the motion to dismiss (doc. #45) in the consolidated case. Therefore, the present motion to dismiss, which was filed earlier (doc. #19), is moot.
Accordingly,
IT IS HEREBY ORDERED ADJUDGED AND DECREED that defendant Robert Beckett's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), or for a judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) (doc. #19) be, and the same hereby is, DENIED as moot.