United States District Court, D. New Jersey
January 31, 2014
MARGARET M. HEITMANN and ROBERT F. DOUGHERTY, Plaintiffs,
COMPINSTALL, INC., FITZGERALD INVESTIGATIONS, LLC, and PAUL D. HEITMANN, Defendants.
ARCHER & GREINER P.C. Vincent P. Sarubbi, Esq. Laura Descioli Link, Esq. Haddonfield, New Jersey, Counsel for Plaintiffs.
BROWN & CONNERY LLP, Christine P. O'Hearn, Esq., Westmont, New Jersey, Counsel for Defendant Compinstall, Inc.
PAUL D. HEITMANN, Basking Ridge, New Jersey, Pro Se.
JOSEPH E. IRENAS, Senior District Judge.
This matter having appeared before the Court upon Defendant Paul Heitmann's Motion to Dismiss (dkt. no. 14) and Defendant Compinstall Inc.'s Motion to Dismiss Counts One and Four of Plaintiffs' Second Amended Complaint for Failure to State a Claim Pursuant to Fed.R.Civ.P. 12(b)(6) (dkt. nos. 16, 21); having reviewed the submissions of the Plaintiffs Margaret Heitmann and Robert Dougherty, Defendant Compinstall, Inc., and Defendant Paul Heitmann; having heard oral argument on January 30, 2014; and for the reasons set forth in an Opinion on even date herewith; and for good cause appearing:
IT IS on this 31st day of January, 2014.
1. Defendant Compinstall's Motion to Dismiss Count Four of Plaintiffs' Second Amended Complaint (Docket #16, 21) is hereby GRANTED. Count Four of the Plaintiffs' Second Amended Complaint (violation of the Driver's Privacy Protection Act, 18 U.S.C. §§ 2421-2425) is hereby DISMISSED with prejudice as to Defendant Compinstall, Inc. and Defendant Fitzgerald Investigations, LLC.
2. The remainder of Plaintiffs Margaret Heitmann and Robert Dougherty's Second Amended Complaint is hereby DISMISSED without prejudice pursuant to 28 U.S.C. § 1367(c)(3).
3. Defendant Paul Heitmann's Motion to Dismiss (Docket #14) is hereby DENIED as moot.
4. Defendant Compinstall's Motion to Dismiss Count One (invasion of privacy) of the Plaintiffs' Second Amended Complaint (Docket #16, 21) is hereby DENIED as moot.
5. The Clerk of Court is hereby directed to CLOSE THIS FILE.