Case 6:13-cv-00852-GAP-DAB Document 44 Filed 09/11/13 Page 1 of 2 PageID 332
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ZERO MANUFACTURING, INC.,
EDAK, INC., GREGG T. BENOIT,
Case No: 6:13-cv-852-Orl-31DAB
This matter comes before the Court sua sponte. On June 27, 2013, the Plaintiff filed its
First Amended Verified Complaint (Doc. 17) and a motion for preliminary injunction (Doc. 18).
On July 9, 2013, the Defendants filed a motion to dismiss (Doc. 20) the First Amended Verified
More recently, the Plaintiff was granted leave to file a Second Amended Complaint (Doc.
38), which it did on August 23, 2013. The Second Amended Verified Complaint deletes one
claim about which the Defendants had complained and appears to alter some of the other
allegations from the First Amended Verified Complaint. As such, the filing of Second Amended
Verified Complaint moots the motion to dismiss. Moreover, the motion for preliminary injunction
relied in large part on the First Amended Verified Complaint to establish entitlement to injunctive
relief. Accordingly, the Court finds that the motion for preliminary injunction has also been
rendered moot by the filing of the Second Amended Verified Complaint.
Case 6:13-cv-00852-GAP-DAB Document 44 Filed 09/11/13 Page 2 of 2 PageID 333
Accordingly, it is hereby ORDERED that the motion for preliminary injunction (Doc. 18)
and the motion to dismiss (Doc. 20) are DENIED WITHOUT PREJUDICE AS MOOT.
DONE and ORDERED in Orlando, Florida on September 11, 2013.
Copies furnished to:
Counsel of Record
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