Free Order on Motion to Dismiss Counts/Claims - District Court of Arizona - Arizona


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Date: May 23, 2007
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State: Arizona
Category: District Court of Arizona
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Case 2:03-cv-02159-ROS-JRI Document 76 1 - Filed 05/24/2007 Page 1 of 1

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
Timothy Lee Ward, Plaintiff -vsKarr, et al., Defendant(s) CV-03-2159-PHX-ROS (JI) ORDER

Defendant Stewart's Motion to Dismiss, filed May 14, 2007 (#73) is now ready for the court's consideration. Defendant Stewart's motion moves to dismiss Count II of the First Amended Complaint (#8). However, by Order filed May 23, 2007 (#74), Magistrate Judge Irwin granted Plaintiff's Motion to Amend (#71), and directed the filing of the Second Amended Complaint (#75). Accordingly, Defendant's Motion to Dismiss the First Amended Complaint is moot. IT IS THEREFORE ORDERED that the reference of this case to the magistrate judge is withdrawn as to Defendant Stewart's Motion to Dismiss, filed May 14, 2007 (#73). All other matters in this action shall remain with the magistrate judge for disposition as appropriate. IT IS FURTHER ORDERED that Defendant Stewart's Motion to Dismiss, filed May 14, 2007 (#73), is DENIED as moot. DATED this 23rd day of May, 2007.