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Chabria v. EDO Western Corp.

February 6, 2007

JOHN CHABRIA, ET AL., PLAINTIFFS,
v.
EDO WESTERN CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Judge Smith

Magistrate Judge Abel

ORDER

Plaintiffs initiated this case in the Franklin County Court of Common Pleas and it was subsequently removed to this Court on June 29, 2006 (Doc. 3). Defendant moved to dismiss on July 5, 2006 (Doc. 5).

On October26, 2006, Plaintiffs filed an Amended Complaint (Doc. 20). Thereafter, on November 16, 2006, Defendant filed its second motion to dismiss the Amended Complaint (Doc. 31).

In light of Plaintiffs' Amended Complaint and Defendant's second motion to dismiss which encompasses all arguments made in the first motion to dismiss, Defendant's first motion to dismiss (Doc. 5) is MOOT.

The Clerk shall remove Doc. 5 from the Court's CJRA pending motions list.

IT IS SO ORDERED.

GEORGE C. SMITH, JUDGE UNITED STATES DISTRICT COURT

20070206

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