Zimmermann et al v. Wobig et al

Filing 25

Judge Michael A Ponsor: MEMORANDUM AND ORDER entered. Regarding plaintiffs' motion for reconsideration as to the order on motion to dismiss. See the attached memo & order for complete details. (Lindsay, Maurice)

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Zimmermann et al v. Wobig et al Doc. 25 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS ANDREW ZIMMERMANN and KELLY ZIMMERMANN, as Class Representatives for the certified ZIMMERMANN ACTION CLASSES, Plaintiffs v. Dominic Salzone; GTG Enterprises, Ltd.; Arthur Wobig; AVW, Inc.; Kurt Meyer; Von Meyer, Ltd., Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) ) C.A. NO. 09-cv-30193-MAP MEMORANDUM AND ORDER REGARDING PLAINTIFFS' MOTION FOR RECONSIDERATION REGARDING ORDER ON MOTION TO DISMISS (Dkt. No. 15) July 8, 2010 PONSOR, D.J. This lawsuit was filed on November 10, 2009. On January 6, 2010, Defendants GTG Enterprises, Ltd. and Dominic Salzone (the Moving Defendants) filed a motion to dismiss (Dkt. No. 15.) The motion was allowed without On February 2, 2010, opposition on January 28, 2010. Plaintiffs moved for reconsideration of the order granting the motion to dismiss. (Dkt. No. 16.) The motion was The court opposed but was allowed on February 18, 2010. heard oral argument on the substantive motion to dismiss on June 6, 2010, at the same time that it heard oral argument Dockets.Justia.com in the related case, Zimmermann et al. v. Epstein Becker and Green, P.C., et al., 09-cv-30194. Based on the reasons set forth today in the matter of Zimmermann v. Epstein Becker and Green, 09-cv-30194, the court will allow the Moving Defendants motion to dismiss. The court will not dismiss the claims against the remaining four Defendants, who have not filed a motion to dismiss. It would appear, based on the reasons set forth today in Zimmermann et al. v. Epstein Becker and Green, P.C., et al., 09-cv-30194, that those claims should logically be dismissed as well. dismiss them sua sponte. The Motion to Dismiss is hereby ALLOWED. It is So Ordered. /s/ Michael A. Ponsor MICHAEL A. PONSOR U. S. District Judge However, the court will not -2-

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