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O'Connor v. Fischbein

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


March 16, 2010

COZEN O'CONNOR, P.C.
v.
RICHARD S. FISCHBEIN

The opinion of the court was delivered by: Stewart Dalzell

ORDER

AND NOW, this 16th day of March, 2010, upon consideration of the complaint (docket entry # 1), defendant's motion to dismiss pursuant to F.R.C.P. 12(b)(2) and 12(b)(3) or, in the alternative, to transfer venue pursuant to 28 U.S.C. § 1404 (docket entry # 7), plaintiff's response thereto (docket entry # 13), and defendant's motion for leave to file a reply brief (docket entry # 18), it is hereby ORDERED that:

1. Defendant's motion for leave to file a reply brief (docket entry # 18) is GRANTED;

2. The Clerk of Court shall DOCKET defendant's reply brief, which is attached to his motion for leave to file a reply brief as Exhibit A;

3. Defendant's motion to dismiss (docket entry # 7) is GRANTED IN PART and DENIED IN PART;

4. Defendant's motion to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(2) and (12)(b)(3) is DENIED;

5. Defendant's motion to transfer this action to the Southern District of New York is GRANTED;

6. The Clerk of Court shall TRANSFER this matter and all case papers to the Southern District of New York; and

7. The Clerk of Court shall CLOSE this matter statistically.

20100316

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