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08-070 - Valliant v. Caruthersville Housing Authority et al


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08-070 - Valliant v. Caruthersville Housing Authority et al
July 15, 2008
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OPINION MEMORANDUM re:11 MOTION to Dismiss Case filed by Defendant Caruthersville Housing Authority, Defendant Elizabeth Hightower. IT IS HEREBY ORDERED that Defendant's Motion to Dismiss, [Doc. No. 11], is denied as moot and without prejudice to refiling as to Plaintiff's Amended Complaint. IT IS FURTHER ORDERED that the Joint Stipulation entered between the parties and approved by the Court on May 27, 2008, shall remain in effect under the following modified terms: If Defendants file a Motion to Dismiss the Amended Complaint and the Court grants the Motion, the Month to Month Lease now in effect terminates, without waiving any defenses under the Original Lease. If the Court denies any said Motion to Dismiss, the Lease remains in effect until the date of Trial. All other terms of the Stipulation remain as set forth in the original JointStipulation. Signed by Honorable Henry E. Autrey on 7/15/08. (CSG)