IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
January 20, 2011
CLAUS PETER SPETH, PLAINTIFF,
ROBERT GOODE, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Hon. Jerome B. Simandle
This matter having come before the Court on two motions: Plaintiff's motion to lift the stay in this case and reinstate Counts V, VI, and VIII [Docket Item 129]; and Defendants' motion for summary judgment as to all claims based on the statute of limitations [Docket Item 131]; Plaintiff having conceded that Count IX should be dismissed because it is barred by the statute of limitations; Plaintiff also having voluntarily dismissed all claims against the deceased Defendant Carley; 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 20th day of January, 2011 hereby ORDERED that Plaintiff's motion to lift the stay and reinstate Counts V, VI, and VIII is GRANTED; and it is further ORDERED that Defendants' motion for summary judgment is GRANTED as to Count IX, and as to those parts of Counts II and III based on the composition of Dr. Goode's report and its initial dissemination, as well as the composition and sending of the letter of ineligibility, and OTHERWISE DENIED; and it is ORDERED that all claims against Defendant Carley and the Estate of Carley are DISMISSED, and Defendant Carley and the Estate of Carley are dismissed from this case.
JEROME B. SIMANDLE United States District Judge
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