Wininger

ORDER GRANTING PLAINTIFF’S MOTION TO AMEND AND SUPPLEMENT COMPLAINT; DENYING DEFENDANTS’ MOTION TO DISMISS; DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT; DENYING MOTION TO DISQUALIFY PLAINTIFF’S COUNSEL AND DENYING RELATED MOTIONS AS MOOT

Pending before the Court are the following motions: (1) Plaintiffs motion for partial summary judgment (Docket No. 58); (2) Pro posed Pro-Plan Intervenors’ motion to disqualify Plaintiffs counsel (Docket No. 134); (3) Plaintiffs related motions to strike exhibits submitted by Proposed Pro-Plan Interve-nors or, in the alternative, for leave to file supplemental materials (Docket No. 168, Parts 1 and 2); (4) Defendants’ motion to dismiss the entire action as moot (Docket No. 205); and (5) Plaintiffs motion to amend and supplement his complaint. All motions are opposed.

These matters were heard on September 4, 1998. Having considered all of the papers filed by the parties and oral argument on the motions, the Court grants Plaintiffs motion to amend, denies Defendants’ motion to dismiss, denies Plaintiffs motion for partial summary judgment without prejudice, denies Proposed Pro-Plan Intervenors’ motion to disqualify, and denies…