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Major Tours, Inc. v. Colorel

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


June 22, 2010

MAJOR TOURS, INC., ET. AL., PLAINTIFFS,
v.
MICHAEL COLOREL, ET. AL., DEFENDANTS.

The opinion of the court was delivered by: Jerome B. Simandle United States District Judge

HON. JEROME B. SIMANDLE

ORDER

This matter having come before the Court upon the State Defendants' motion to dismiss [Docket Item 260]; Plaintiffs' crossmotion to file a Fourth Amended Complaint [Docket Item 287]; and Plaintiffs' appeal of Magistrate Judge Schneider's decision regarding preservation of government emails and discovery of email backup tapes [Docket Item 284]; the Court having considered the submissions of the parties; for the reasons explained in the Opinion of today's date; and for good cause shown;

IT IS this 22nd day of June, 2010 hereby

ORDERED that the Complaint is DISMISSED with respect to the following Defendants: New Jersey Department of Transportation, Sharon Harrington, Diane Legriede, New Jersey Motor Vehicle Commission, Kris Kolluri, and John F. Lettiere; and it is further

ORDERED that the portion of Count I referring to the Due Process Clause, the Interstate Commerce Clause, and the right to travel, as well as Counts II and V are DISMISSED with respect to Defendants Michael Colorel and Vincent Shulze; and it is further

ORDERED that the crossmotion to amend the Complaint is GRANTED IN PART AND DENIED IN PART. Plaintiffs may file a Fourth Amended Complaint within fourteen (14) days of the entry of this Order, that makes only the following changes: (1) Clarify that Count I applies only to Defendants Michael Colorel and Vincent Shulze; (2) All proposed changes to Count II; (3) All proposed changes to the New Jersey Civil Rights Act count (currently Count IV) except for the addition of proposed ¶ 80; (4) the proposed changes to subsection (b) of the prayer for relief; and (5) deletes all claims and defendants that have been dismissed herein; and it is further

ORDERED that Judge Schneider's Order at Docket Item 258 (and the reconsideration thereof at Docket Item 275) is AFFIRMED.

20100622

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