Atamian v. Nguyen

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IN THE SUPREME COURT OF THE STATE OF DELAWARE GABRIEL G. ATAMIAN, MD, JD, Plaintiff BelowAppellant, v. LINDA NGUYEN, DDS, Defendant BelowAppellee. § § § § § § § § § § § No. 369, 2005 Court Below Superior Court of the State of Delaware in and for Kent County C.A. No. 04C-07-034 Submitted: August 17, 2005 Decided: October 18, 2005 Before STEELE, Chief Justice, BERGER and JACOBS, Justices. ORDER This 18th day of October 2005, it appears to the Court that the appellee filed a motion to dismiss this appeal on the ground that the appeal is interlocutory because a motion to amend the complaint remains pending in the Superior Court. The appellant did not file a response to the motion to dismiss.1 The motion, therefore, is deemed to be unopposed.2 The appellant filed his opening brief and appendix, but did not address the arguments made in the motion to dismiss. 2 Supr. Ct. R. 3(b) (2). 1 NOW, THEREFORE, IT IS ORDERED that the within appeal is DISMISSED. BY THE COURT: /s/ Jack B. Jacobs Justice 2

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