ROBINSON v. HORNELL BREWING CO. et al

Filing 95

ORDERED that Pltf's 79 Motion to Dismiss is GRANTED; Defts' 85 Cross Motion for Partial Summary Judgment is DENIED. Signed by Chief Judge Jerome B. Simandle on 12/12/2012. (drw)

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

STEVEN ROBINSON on behalf of
himself and all others
similarly situated,

Civil No. 11-2183 (JBS-JS)

Plaintiff,

ORDER

v.
HORNELL BREWING CO., et al.,
Defendants.

This matter coming before the Court on Plaintiff Robinson’s
motion to dismiss for lack of subject matter jurisdiction [Docket
Item 79] and Defendants’ cross-motion for partial summary
judgment [Docket Item 85]; the Court having considered the
arguments of the parties in favor of and opposing the motions;
for the reasons stated in the Opinion of today’s date; and for
good cause shown;
IT IS this

12th

day of

December

, 2012 hereby

ORDERED that Plaintiff’s motion to dismiss the complaint
without prejudice is GRANTED; and it is further
ORDERED that Defendants’ cross-motion for partial summary
judgment is DENIED.

s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge