Mathews v. Rescuecom Corporation et al

Filing 29

ORDER : granting in part and denying in part defendants' # 10 MOTION to Dismiss or alternatively to Transfer Venue, this case is transferred to the Northern District of New York. Signed by Judge Joseph E. Irenas on 2/16/06. (Attachments: # 1 Transfer Letter) [Originally filed on 2/16/06 in the USDC-DNJ](jmb)

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Mathews v. Rescuecom Corporation et al Doc. 29 Case 1:05-cv-04834-JEI-AMD Case 5:06-cv-00235-FJS-GJD Document 29-1 Document 29 Filed 02/23/2006 Filed 02/16/2006 Page 1 of 2 Page 1 of 2 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY HONORABLE JOSEPH E. IRENAS CIVIL ACTION NO. 05-4834 (JEI) ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS OR ALTERNATIVELY TO TRANSFER VENUE, AND TRANSFERRING CASE TO THE NORTHERN DISTRICT OF NEW YORK (Docket No. 10) MICHAEL MATHEWS, Plaintiff, v. RESCUECOM CORPORATION and DAVID A. MILMAN, Defendants. APPEARANCES: OBERMAYER, REBMANN, MAXWELL & HIPPEL, LLP By: Edmund M. George, Esq. 20 Brace Road, Suite 300 Cherry Hill, New Jersey 08034 Counsel for Plaintiff Michael Mathews CHERNOW KATZ, LLC By: Harris J. Chernow, Esq. 721 Dresher Road - Suite 1100 Horsham, Pennsylvania 19044 Counsel for Defendants Rescuecom Corporation and David A. Milman Edmund J. Gegan, Esq. Corporate Counsel, Rescuecom Corporation 2560 Burnet Avenue Syracuse, New York 13206 Counsel for Defendants Rescuecom Corporation and David A. Milman IRENAS, Senior District Judge: This matter having appeared before the Court upon the Motion of Defendants Rescuecom Corporation and David A. Milman to Dismiss the Complaint, or in the alternative, to Transfer Venue 1 Dockets.Justia.com Case 1:05-cv-04834-JEI-AMD Case 5:06-cv-00235-FJS-GJD Document 29-1 Document 29 Filed 02/23/2006 Filed 02/16/2006 Page 2 of 2 Page 2 of 2 to the District Court for the Northern District of New York, for the reasons set forth in an opinion issued by this Court, which findings of fact and conclusions of law are incorporated herein by reference, and for good cause appearing, IT IS on this 16th day of February, 2006, ORDERED THAT: 1. Defendants' Motion is GRANTED to the extent that it seeks a transfer of venue to the Northern District of New York pursuant to 28 U.S.C. 1404(a) and DENIED to the extent that it seeks dismissal of the Complaint pursuant to Fed. R. Civ. P. 12 or 28 U.S.C. 1406 for failure to lay venue in the proper district. 2. Defendant's Motion is DENIED WITHOUT PREJUDICE as to all other relief sought. 3. This action is hereby TRANSFERRED to the United States District Court for the Northern District of New York. s/Jo s eph E. Irenas JOSEPH E. IRENAS Senior United States District Judge 2

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