Freydl v. Meringolo et al
Filing 19
OPINION & ORDER re: 7 MOTION to Dismiss. For the reasons stated above, the Meringolo Defendants' Motion to Dismiss (Docket #7) for lack of subject matter jurisdiction and lack of standing pursuant to Fed. R. Civ. P.12 (b)(1) is dismissed witho ut prejudice and with leave to replead. The Meringolo Defendants' Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) is GRANTED with respect to Counts One and Two and DENIED with respect to Counts Three, Four, Six, and Seven of the Complaint . Count 5 of the Complaint is dismissed sua sponte. The Meringolo Defendants' Motion for sanctions (Docket #9) is deferred until the conclusion of this suit on the merits. The Clerk of the Court is directed to terminate Defendant Angelo Cuomo as a party to this action. (Signed by Judge Barbara S. Jones on 7/31/10); (djc)
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