IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
September 29, 2000
CATHERINE M. CALKINS,
DOLLARLAND, INC., HOWARD KERDEMAN, AND JERRY WITTEN,
ORDER ON DEFENDANTS' MOTIONS TO DISMISS AND/OR TRANSFER VENUE
THIS MATTER having come before the Court upon the motion of defendants Dollarland, Inc., Howard Kerdeman, and Jerry Witten to dismiss counts one through nine and count eleven of the Complaint and/or transfer venue of the case to the Eastern District of Pennsylvania;
The Court having reviewed the record and the submissions of the parties;
For the reasons stated in the Court's opinion of this date;
IT IS this 26th day of September, 2000, HEREBY
ORDERED that counts two, five, six, nine, and eleven of the Complaint shall be DISMISSED WITHOUT PREJUDICE, with counts three, four, seven, eight, and ten remaining; and
IT IS FURTHER ORDERED that plaintiff shall be granted leave to amend count one of the Complaint within ten days of this order; should plaintiff fail to amend count one of the Complaint within the prescribed deadline, it shall be DISMISSED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that defendants' motion to transfer venue is DENIED.
HON. STANLEY S. BROTMAN UNITED STATES DISTRICT JUDGE
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