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Home Improvement Warehouse v. Cincinnati Insurance

March 16, 2010

HOME IMPROVEMENT WAREHOUSE, PLAINTIFF,
v.
CINCINNATI INSURANCE, DEFENDANT.



The opinion of the court was delivered by: Clifford J. Proud U. S. Magistrate Judge

ORDER

PROUD, Magistrate Judge

Before the Court is plaintiff's motion for leave to file an amended complaint. (Doc. 11). Although plaintiff has not specified why amendment is sought or submitted a proposed amended complaint as required, plaintiff does allude to the pending motion to dismiss.

IT IS THEREFORE ORDERED that the subject motion (Doc. 11) is GRANTED; on or before March 31, 2010, plaintiff shall file an amended complaint.

IT IS FURTHER ORDERED that upon the filing of an amended complaint, the Clerk of Court shall have the record reflect that defendant's motion to dismiss (Doc. 4) is MOOT in all respects.

IT IS SO ORDERED.

20100316

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