Opinion
Case No. 2:03-CV-00753 PGC
December 11, 2003
ORDER DENYING MOTION TO DISMISS AS PREMATURE
This case is before the court on defendant 3IC, Inc.'s ("3IC") motion to dismiss plaintiff Timpanogos Wireless Consulting. Inc.'s ("Timpanogos") claims (#9-1). The motion to dismiss is based on Timpanogos's failure to effect service on 3IC, or alternatively, on Rule 12(b)(6) of the Federal Rules of Civil Procedure. In light of the court's order granting Timpanogos's motion for alternate service, dated December 1, 2003, the court DENIES 3IC's motion to dismiss as premature. 3IC may re-file any motion to dismiss, if appropriate, after service has been effected.