FREIGHTMASTER USA, LLC. v. FEDEX, INC.

Filing 25

ORDER granting in part and denying in part 5 Motion to Dismiss. Signed by Judge Katharine S. Hayden on 3/31/15. (rg, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

FREIGHTMASTER USA, LLC,
Civil No.: 14-3229 (KSH) (CLW)

Plaintiff,
v.
FEDEX, INC.,

Order
Defendant.

Katharine S. Hayden, U.S.D.J.
THIS MATTER having come before the Court upon the motion to dismiss [D.E. 5] filed
by defendant FedEx Freight, Inc. (improperly pled as “Fedex, Inc.”); and for the reasons set forth
in the opinion filed herewith,
IT IS on this 31st day of March 2015, hereby
ORDERED that the motion to dismiss counts 3 and 5 is granted; and it is further
ORDERED that the motion to dismiss for insufficient service and service of process, the
Entire Controversy Doctrine, and the statute of limitations is denied; and it is further
ORDERED that plaintiff Freightmaster USA, LLC, shall have 15 days from the entry of
this order to re-serve defendant FedEx Freight, Inc. in accordance with Federal Rules of Civil
Procedure.

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