Case 9:10-cv-80062-KAM Document 12

Entered on FLSD Docket 02/18/2010 Page 1 of 1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 10-80062-CIV-MARRA/JOHNSON SOUTH FLORIDA TEA PARTY, INC., et al., Plaintiffs, vs. TEA PARTY, et al., Defendants. _______________________________/ ORDER DENYING MOTION AS MOOT THIS CAUSE is before the Court upon Defendants, Tea Party and O’Neal’s Motion to Dismiss [DE 9]. As Plaintiffs' Complaint has been replaced by a First Amended Complaint, it is hereby ORDERED AND ADJUDGED that Defendants, Tea Party and O’Neal’s Motion to Dismiss [DE 9] is DENIED as moot. This denial is without prejudice to Tea Party and Frederic O’Neal from reasserting the grounds asserted in the motion if they deem it appropriate as to the First Amended Complaint. DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida, this 18th day of February, 2009. _________________________ KENNETH A. MARRA United States District Judge copies to: All counsel of record