Filing 42

Memorandum in opposition to re 37 First MOTION to Amend/Correct COMPLAINT and Defendant's Request for Leave to Supplement Plaintiff's Motion to Dismiss 29 filed by JESSICA CUTLER. (Attachments: # 1 Exhibit A# 2 Errata B# 3 Exhibit C# 4 Text of Proposed Order)(Ates, John)

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STEINBUCH v. CUTLER Doc. 42 Att. 4 Case 1:05-cv-00970-PLF-JMF Document 42-5 Filed 08/10/2006 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ROBERT STEINBUCH, Plaintiff, v. JESSICA CUTLER, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 1:05-cv-00970 (PLF) Judge Paul L. Friedman ORDER AND JUDGMENT Upon consideration of [29] the motion of Defendant Jessica Cutler to dismiss for lack of subject matter jurisdiction, Plaintiff's response, and all other papers submitted in support or opposing such motion, it is this ____ day of ________ 2006, hereby ORDERED, that Defendant's motion to dismiss on account of Plaintiffs failure to meet the $75,000 amount in controversy requirement under 28 U.S.C. Section 1332, is hereby GRANTED for the reasons stated in [42] Defendant's Opposition to Plaintiff's Motion to Amend complaint; it is FURTHER ORDERED, that the there is a legal certainty that the Court lacks subject matter jurisdiction, and this case is hereby DISMISSED without prejudice; and it is FURTHER ORDERED that [37] Plaintiff's Motion for Leave to Amend is DENIED as moot; it is FURTHER ORDERED that this case shall be DISMISSED from the docket of this Court. Case 1:05-cv-00970-PLF-JMF Document 42-5 Filed 08/10/2006 Page 2 of 2 This is a final appealable order. See FED. R. APP. P. 4(a). SO ORDERED ________________________________________ PAUL L. FRIEDMAN United States District Judge DATE: _____________, 2006 Copies to: Jonathan Rosen, Esquire 1200 Gulf Blvd., #1506 Clearwater, Florida 33767 Counsel for Plaintiff John R. Ates, Esq., DC Bar No. 441084 ALBO & OBLON,, LLP 2200 Clarendon Blvd., Suite 1201 Arlington, VA 22201 Matthew C. Billips, Esq. Georgia Bar No. 057110, pro hac vice motion pending MILLER & BILLIPS, LLC 730 Peachtree Street, Suite 750 Atlanta, GA 30308

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