JOHNSON v. FAMOUS DAVE'S OF AMERICA, INC. et al

Filing 16

ORDER THAT FOR REASONS STATED IN THE MEMORANDUM OF LAW BEARING TODAY'S DATE, THE DEFENDANTS' MOTION IS DENIED IN PART AND GRANTED IN PART, ETC. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 5/9/12. 5/10/12 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ALAN JOHNSON
v.
FAMOUS DAVE’S OF AMERICA
INC., et al.

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CIVIL ACTION

NO. 12-344

ORDER
AND NOW, this 9th day of May, 2012, upon consideration
of Defendants’ Motion to Dismiss the Amended Complaint for Lack
of Subject Matter Jurisdiction, to Dismiss the Amended Complaint
for Failure to State a Claim Upon Which Relief Can be Granted,
Or, In the Alternative, to Stay All Proceedings (Docket No. 9),
the opposition and reply thereto, and following oral argument
held on May 7, 2012, IT IS HEREBY ORDERED, for the reasons stated
in a memorandum of law bearing today’s date, that the defendants’
motion is DENIED in part and GRANTED in part.

The Court denies

the defendants’ motion to dismiss, but grants the motion to stay
all proceedings.

This case shall be STAYED for the plaintiff to

pursue the Pennsylvania state tax issue before the Pennsylvania
Department of Revenue.

BY THE COURT:
/s/ Mary A. McLaughlin
MARY A. McLAUGHLIN, J.