UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
February 25, 2009
LANDMARK AMERICAN INSURANCE COMPANY A/S/O PARAGON VILLAGE, LLC, PLAINTIFF,
FDC FIRE PROTECTION, INC., MSC FIRE & SAFETY, INC., AND W.J. MALONE ASSOCIATES, INC., DEFENDANTS.
The opinion of the court was delivered by: Brown, Chief Judge
This matter having been brought before the Court by Defendant MSC Fire and Safety, Inc.'s Motion for Summary Judgment and Defendant FDC Fire Protection, Inc.'s Motion for Joinder; and it appearing that the Motion for Summary Judgment was filed on January 9, 2009, and that the Motion for Joinder was filed on January 8, 2009; and it appearing that the Court issued an Order on January 27, 2009, granting Plaintiff leave to Amend the Complaint; and it appearing that Plaintiff filed an Amended Complaint on January 29, 2009, which superceded the original July 14, 2008 Complaint; and it appearing that the pending Motion for Summary Judgment only applied to the original July 14,2008 Complaint; and it appearing that W.J. Malone was added as a defendant in this matter in the Amended Complaint and can not, therefore, be considered a third party;
IT IS THIS 25th day of February, 2009,
ORDERED that Defendant MSC Fire and Safety, Inc.'s Motion for Summary Judgment (Docket Entry No. 14) is DISMISSED without prejudice; and it is further
ORDERED that Defendant FDC Fire Protection, Inc.'s Motion for Joinder (Docket Entry No. 12) is DENIED.
GARRETT E. BROWN, JR., U.S.D.J.
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