Dunn v. Forward Air, Inc. ( 2020 )

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION WALTER E. DUNN PLAINTIFF v. Case No. 4:20-cv-4056 FORWARD AIR INC., CHARLES LUCAS ORIVE, and ENTERPRISE FM TRUST DEFENDANTS ORDER Before the Court is a Motion to Dismiss by Separate Defendant Forward Air, Inc. ECF No. 5. After Forward Air, Inc. filed its Motion to Dismiss, Plaintiff filed a First Amended Complaint in this manner. ECF No. 17. The First Amended Compliant does not list Forward Air, Inc. as a defendant. Because Forward Air, Inc. is no longer a party to this litigation, the Court finds that the Motion to Dismiss should be and hereby is DENIED AS MOOT. See Pure Country, Inc. v. Sigma Chi Fraternity, 312 F.3d 952, 956 (8th Cir. 2002) (plaintiff’s filing of a motion to amend the complaint rendered the defendant’s motion to dismiss the original complaint moot). IT IS SO ORDERED, this 20th day of October, 2020. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge