Varnado et al v. Aitiev et al, No. 2:2018cv08969 - Document 40 (E.D. La. 2019)

Court Description: ORDER AND REASONS denying as moot 35 Rule 12(b)(5) MOTION to Dismiss. Signed by Judge Mary Ann Vial Lemmon on 10/16/2019. (sbs)
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Varnado et al v. Aitiev et al Doc. 40 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA KWANTRA VARNADO, ET AL CIVIL ACTION VERSUS NO: 18-8969 MELIS AITIEV, DD LOGISTICS, INC., AND WESTCO INS. CO. SECTION: "S" (5) ORDER AND REASONS Before the court is defendant Melis Aitiev's 12(b)(6) Motion to Dismiss (Rec. Doc. 35), seeking dismissal of this matter because plaintiff has failed to serve Aitiev with the lawsuit. On October 7, 2019, Proof of Service on Melis Aitiev was filed into the record. Accordingly, IT IS HEREBY ORDERED that defendant Melis Aitiev's Motion to Dismiss (Rec. Doc. 35) is DENIED as moot. New Orleans, Louisiana, this _____ 16th day of October, 2019. ____________________________________ MARY ANN VIAL LEMMON UNITED STATES DISTRICT JUDGE