GOMES v. EXTRA SPACE STORAGE, INC. et al

Filing 67

ORDER granting in part and denying in part 40 Motion to Dismiss. Signed by Judge Katharine S. Hayden on 3/31/15. (rg, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

STEVEN R. GOMES, JR. on behalf of himself
and all others similarly situated,
Civil No.: 13-0929 (KSH) (CLW)
Plaintiff,
v.

EXTRA SPACE STORAGE, INC. and EXTRA
SPACE STORAGE MANAGEMENT, INC., and
JOHN DOE COMPANIES 1-50.

Order

Defendants.

THIS MATTER having been presented to the Court by defendants Extra Space Storage,
Inc. and Extra Space Management, Inc. (collectively, “defendants”) seeking an order dismissing
the first, second, and fourth counts of the first amended complaint (“FAC”); and the Court having
considered the parties’ submissions and for the reasons set forth in the opinion filed herewith,
IT IS on this 31st day of March 2015, hereby
ORDERED that defendants’ motion to dismiss the fourth count, paragraph 79(d) of the
first count, and paragraph 80(b) of the second count is GRANTED; and it is further
ORDERED that defendants’ motion to dismiss paragraphs 69(a), (b), (c), and (e) and
paragraphs 72, 73, and 75 of the first count, and paragraphs 80(c) and (e) of the second count, is
DENIED; and it is further

ORDERED that defendants’ motion to dismiss the first and second counts of the FAC on
grounds of unconstitutionality is DENIED.

/s/ Katharine S. Hayden_____
Katharine S. Hayden, U.S.D.J.