SPETH v. GOODE, et al

Filing 120

ORDER granting in part, as to the finding of abandonment & denying Pltf.'s 92 Motion for Reconsideration. ORDERED that the 6/23/2010 Order dismissing abandoned claims is VACATED; such claims remain STAYED until further order of the Court, etc. Signed by Judge Jerome B. Simandle on 10/6/2010. (drw, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

CLAUS PETER SPETH, Plaintiff, v. ROBERT GOODE, et al., Defendants. ORDER HON. JEROME B. SIMANDLE Civil Action No. 95-0264 (JBS/AMD)

This matter having come before the Court upon Plaintiff's motion for reconsideration of this Court's June 23, 2010 Opinion and Order dismissing certain of Plaintiff's claims [Docket Item 92]; 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; THEREFORE IT IS this 6th day of October, 2010 hereby

ORDERED that Plaintiff's motion for reconsideration is GRANTED IN PART as to the finding of abandonment, and otherwise DENIED; and it is further ORDERED that the part of this Court's June 23, 2010 Order dismissing abandoned claims is VACATED; such claims, although not deemed abandoned, remain STAYED until such time as they are reinstated upon further Order of the Court; and it is further ORDERED that if Plaintiff seeks to reinstate stayed claims,

Plaintiff must follow the procedures outlined in the accompanying Opinion; and it is further ORDERED that nothing herein precludes Defendants from seeking, by motion, to dismiss any specific claim on statute of limitations grounds, whether such claim is stayed or not, by establishing that the particular claim accrued prior to January 5, 1993.

s/ Jerome B. Simandle JEROME B. SIMANDLE United States District Judge

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