Deliverance Poker, LLC v. Tiltware, LLC et al

Filing 66

Response in Opposition to Motion, filed by Deliverance Poker, LLC, re 61 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Tiltware, LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Jacks, John)

Deliverance Poker, LLC v. Tiltware, LLC et al

Doc. 66 Att. 4

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION DELIVERANCE POKER, LLC, Plaintiff , v. § § § § § § § § § ORDER Before the Court it Defendant Tiltware, LLC's ("Tiltware's") Expedited Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(h)(3) for Lack of Subject Matter Jurisdiction and Response to Expedited Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(h)(3) and Plaintiff's Motion to Dismiss Any Non-Diverse Party Under Fed. R. Civ. P. 21. After considering

CIVIL ACTION NO. 1:10-CV-00664-JRN

MICHAEL MIZRACHI and TILTWARE, LLC, Defendant

Tiltware's motion to dismiss, the response, and Plaintiff's motion to dismiss any non-diverse party, the Court is of the opinion that Plaintiff's motion to dismiss any non-diverse party should be GRANTED and Tiltware's motion to dismiss should be DENIED. IT IS THEREFORE ORDERED that Defendant Michael Mizrachi is hereby dismissed without prejudice. IT IS FURTHER ORDERED that Defendant Tiltware, LLC's motion to dismiss is denied. SIGNED on ______________, 2011.

____________________________ JUDGE PRESIDING

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