PAULSBORO DERAILMENT CASES

Filing 182

ORDER granting Defts' 101 Motion to Dismiss. Count I of the Complaint, and Pltfs' requests for attorney's fees are dismissed WITH PREJUDICE. Count V and Pltfs' requests for medical monitoring are dismissed WITHOUT PREJUDICE. Pltfs may request leave to amend their complaint within 14 days from the date of this Order. Signed by Judge Robert B. Kugler on 10/4/2013. (drw)

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NOT FOR PUBLICATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE _____________________________________ : IN RE PAULSBORO : DERAILMENT CASES : Master Docket No. 13-784 (RBK/KMW) : (Doc. No. 101) : : : : : : ____________________________________ : : STACY HAMILTON, et al. : : Plaintiffs : Civil No. 13-3724 (RBK/KMW) : (Doc. No. 11) v. : : ORDER CONSOLIDATED RAIL : CORPORATION, et al. : : Defendants. : ____________________________________ : THIS MATTER having come before the Court on the motion of Consolidated Rail Corporation, Norfolk Southern Railway Company, and CSX Transportation (“Defendants”) to dismiss Counts I and V of the Complaint of Stacy Hamilton, et al. (“Plaintiffs”), and Plaintiffs’ requests for attorney’s fees and medical monitoring and the Court having considered the moving papers and the responses thereto, and for the reasons expressed in the Opinion issued this date; IT IS HEREBY ORDERED that the motion of Defendants’ to dismiss is GRANTED. Count I of the Complaint, and Plaintiffs’ requests for attorney’s fees are dismissed WITH PREJUDICE. Count V and Plaintiffs’ requests for medical monitoring are dismissed 1 WITHOUT PREJUDICE. Plaintiffs may request leave to amend their complaint within 14 days from the date of this Order. Dated: 10/4/2013 /s/ Robert B. Kugler ROBERT B. KUGLER United States District Judge 2

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