SANDERS v. BAY STATE CABLE TIES LLC
***VACATED***ORDER granting 181 Motion to Dismiss or in The Alternative Remand to State Court Non-patent Related Claims to Pending State Court Proceedings. The position of defendants L. Oestreich and Americas Merchandise Enterprises, Inc., is well-taken, and defendant, Bay State Cable Ties, LLC, has not responded. The state law claims (4th and 5th claims for relief) asserted in Bay State's Third- Party Complaint (doc. 17) are DISMISSED with prejudice.Signed by District Judge M CASEY RODGERS on 4/10/09. (lcu) Modified on 4/14/2009. ***VACATED*** pursuant to 186 Order (lcu)
UNITED STATES DISTRICT COURT N O R T H E R N DISTRICT OF FLORIDA P E N SA CO L A DIVISION
WILLIAM J. SANDERS VS BAY STATE CABLE TIES, LLC. REFERRAL AND ORDER Referred to Judge Rodgers on April 10, 2009 Type of Motion/Pleading: MOTION TO DISMISS OR IN THE ALTERNATIVE REMAND NON-PATENT RELATED CLAIMS TO PENDING STATE COURT PROCEEDINGS Filed by: Third Party on 4/24/09 Document 181 Defendants, R. L. Oestreich and Americas Merchandise Company ( ) Stipulated/Consented/Joint Pleading RESPONSES: on Doc.# on Doc.# WILLIAM M. McCOOL, CLERK OF COURT /s/ Lynn C. Uhl Deputy Clerk: Lynn Uhl CASE NO. 3:07cv402 MCR/MD
Upon consideration of the foregoing, it is ORDERED this 10th day of April, 2009, that: The requested relief is GRANTED. The position of defendants Robert The state L. Oestreich and Americas Merchandise Enterprises, Inc., is well-taken, and defendant, Bay State Cable Ties, LLC, has not responded. law claims (4
claims for relief) asserted in Bay State's Third-
Party Complaint (doc. 17) are DISMISSED with prejudice.
M. Casey Rodgers
M. CASEY RODGERS UNITED STATES DISTRICT JUDGE
Entered On Docket: Copies sent to: By: Rules 58 & 79(a) FRCP or 32(d)(1) & 55 FRCRP
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