CODY et al v. TYLER PLACE, INC.

Filing 19

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION TO DISMISS IS DENIED. IT IS FURTHER ORDERED THAT DEFT'S. ALTERNATIVE MOTION TO TRANSFER IS GRANTED. IT IS FURHTER ORDERED THAT THIS CASE SHALL BE TRANSFERRED TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF VERMONT. SIGNED BY JUDGE JAMES KNOLL GARDNER ON 7/10/07. (Attachments: # 1 Memorandum) 7/10/07 ENTERED AND COPIES MAILED, E-MAILED.(er, )

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CODY et al v. TYLER PLACE, INC. Doc. 19 Case 2:05-cv-02771-JKG Document 19 Filed 07/10/2007 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA THOMAS CODY, a Minor, by ) STEPHEN W. CODY and ) SHARON GREELISH CODY, His ) Parents and Natural Guardians, ) STEPHEN W. CODY and ) SHARON GREELISH CODY, Individually,) ) Plaintiffs ) ) vs. ) ) TYLER PLACE, INC., ) ) Defendant ) ORDER NOW, this 10th day of July, 2007, upon consideration of the Motion of Defendant, Tyler Place, Inc., to Dismiss Plaintiffs' Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(2) & (3) or in the Alternative to Transfer Plaintiffs' Action to the United States District Court for the District of Vermont, Pursuant to 28 U.S.C. § 1406(a), which Civil Action No. 05-CV-02771 motion was filed July 15, 2005; upon consideration of Plaintiffs' Response to the Motion of Defendant, Tyler Place, Inc., to Dismiss Plaintiffs' Complaint, which response was filed July 29, 2005 upon consideration of the briefs of the parties; after hearing held November 15, 2005, 2005; after closing arguments held that same date; and for the reasons expressed in the accompanying Memorandum, IT IS ORDERED that defendant's motion to dismiss is denied. Dockets.Justia.com Case 2:05-cv-02771-JKG Document 19 Filed 07/10/2007 Page 2 of 2 IT IS FURTHER ORDERED that defendant's alternative motion to transfer is granted. IT IS FURTHER ORDERED that this case shall be transferred to the United States District Court for the District of Vermont. BY THE COURT: /s/ JAMES KNOLL GARDNER James Knoll Gardner United States District Judge -ii-

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