May 14, 2013
U.S. SPECIALTY INSURANCE COMPANY, PLAINTIFF,
ANGELO CARVALHO, ET AL, DEFENDANTS.
The opinion of the court was delivered by: Andrew P. Gordon United States District Judge
Presently before the Court are Defendants' Motion to Dismiss for Failure to State a Claim for Relief (Dkt #32], and Defendants' Motion for Hearing on their Motion to Dismiss [Dkt #34]. Defendants seek dismissal of the Complaint's Fourth and Fifth Claims for Relief, related to foreclosure upon Deeds of Trust. Subsequent to the filing of those Motions, Plaintiff filed a Second Amended Complaint [Dkt #43].
That Second Amended Complaint does not contain the causes of action that were the subject of Defendants' Motions. Accordingly, the Motions are now moot. IT IS HEREBY ORDERED denying Defendants' Motion to Dismiss [Dkt #32] and Motion for Hearing on [Dkt #34] as moot.
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