MACWILLIAMS v. BP PRODUCTS NORTH AMERICA INC.
Filing
12
ORDER re: BP PRODUCTS NORTH AMERICA, INC.'S 8 Motion to Dismiss Complaint. Deft's motion to dismiss Count One is GRANTED. Deft's motion to dismiss Pltf's claim for breach of the contract providing for End-of-Month Allowances is GRANTED. Deft's motion to dismiss Pltf's claim for breach of contract predicated on the failure to return Pltf's security deposit is DENIED. ORDERED that Pltf is GRANTED leave to amend Complaint within 10 days, etc. Signed by Judge Robert B. Kugler on 2/3/2010. (drw, )
<![CDATA[
NOT FOR PUBLICATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE ___________________________________ : FRANK MacWILLIAMS, trading as : Edgewater Park Amoco and : Mac's Amoco, : : Plaintiffs, : : v. : : BP PRODUCTS NORTH : AMERICA, INC., : : Defendant. : ___________________________________ :
(Docket No. 8)
Civil No. 09-1844 (RBK /AMD) ORDER
THIS MATTER having come before the Court upon a motion by BP Products North America, Inc. ("Defendant") to dismiss the Complaint of Plaintiff Frank MacWilliams, trading as Edgewater Park Amoco and Mac's Amoco, ("Plaintiff") for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6); and the Court having reviewed the papers submitted by the parties, and for the reasons expressed in an Opinion issued this day; IT IS HEREBY ORDERED that Defendant's motion to dismiss Count One is GRANTED; and IT IS FURTHER ORDERED that Defendant's motion to dismiss Plaintiff's claim for breach of the contract providing for End-of-Month Allowances is GRANTED; and
1
IT IS FURTHER ORDERED that Defendant's motion to dismiss Plaintiff's claim for breach of contract predicated on the failure to return Plaintiff's security deposit is DENIED; and IT IS FURTHER ORDERED that Plaintiff is GRANTED leave to amend the Complaint in conformity with the Court's Opinion within ten days of the issuance of this Order.
Dated: 2-3-2010
/s/ Robert B. Kugler ROBERT B. KUGLER United States District Judge
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
