UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
April 13, 2010
MT. LAUREL HOTEL DEVELOPMENT, LLC PLAINTIFF,
LUKOIL, LUKOIL AMERICAS CORPORATION, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Hillman, District Judge
MEMORANDUM & ORDER
THIS MATTER having been raised by Defendant, Lukoil Americas Corporation, pursuant to its Motion to Dismiss those claims asserted against it by Plaintiff, Mount Laurel Hotel Development, LLC; and
It appearing that Plaintiff filed a complaint in this Court on November 9, 2009; and
It further appearing that, on February 1, 2010, Defendant filed its Motion to Dismiss, seeking dismissal of Plaintiff's claims; and
It further appearing that, in a letter dated March 2, 2010, Plaintiff's counsel notified this Court that he would "not be objecting or filing a response to the Motion to Dismiss" and that he "consent[s] to the dismissal only of Defendant, Lukoil Americas Corporation from the Complaint"; and
The Court noting that "if a party represented by counsel fails to oppose a motion to dismiss, the district court may treat the motion as unopposed and subject to dismissal without a merits analysis," Hollister v. U.S. Postal Serv., 142 F. App'x. 576, 577 (3d Cir. 2005) (citing Stackhouse v. Mazurkiewicz, 951 F.2d 29, 30 (3d Cir. 1992)); and
The Court finding that Plaintiff is represented by counsel and that Plaintiff, through counsel, has expressly articulated both its intent not to oppose Defendant's motion and its consent to voluntarily dismiss Defendant from this case;
IT IS on this 13th day of April, 2010, hereby
ORDERED that Defendant's Motion to Dismiss [Doc. #10] is GRANTED, and that Defendant, Lukoil Americas Corporation, is terminated as a defendant in this case.*fn1
HON. NOEL L. HILLMAN, U.S.D.J.