Opinion
Civil Action No. 11-cv-00668-REB-MJW
08-18-2011
Parties Courtroom Deputy, Ellen E. Miller Counsel Nancy J. Gegenheimer
Magistrate Judge
Parties
FTR - Courtroom A-502
Courtroom Deputy, Ellen E. Miller
Counsel
Nancy J. Gegenheimer
Thomas D. Birge
David A. Zisser
COURTROOM MINUTES / MINUTE ORDER
HEARING: TELEPHONIC STATUS CONFERENCE
Court in Session: 10:30 a.m.
Court calls case. Appearances of counsel.
It is noted defendants filed Motions to Dismiss [Docket No. 18 and 27]. Since the filing of these Motions to Dismiss, the Plaintiff has filed an Amended Complaint [Docket No. 36]. Thereafter, the defendants filed Motions to Dismiss the Amended Complaint [Docket Nos. 40 and 41]. First Amended Complaint [Docket No. 36, filed July 05, 2011] is the operative document. Defendants make Oral Motions to Withdraw their initial Motions to Dismiss. With no objections from Plaintiff, It is ORDERED: Defendants' ORAL MOTIONS to Withdraw Initial Motions to Dismiss is GRANTED, therefore,
Defendant Steven S. Etkind's MOTION TO DISMISS THE COMPLAINT PURSUANT to F.R.C.P. [sic] 9(b) AND 12(b)(6) [Docket No. 18, filed May 31, 2011] is WITHDRAWN.
Defendant St. Anselm's Motion to Dismiss Complaint [Docket No. 27, filed June 06, 2011] is WITHDRAWN.
It is noted Plaintiff has until August 31, 2011, within which to file a response to the motions to dismiss, pursuant to the Minute Order entered by Judge Blackburn [DN 45, 08-15-11]. The parties, jointly or separately, may request by motion that a settlement conference be set. Hearing concluded.
Court in recess: 10:41 a.m.
Total In-Court Time 00:11