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Mendicino v. Lotus Orient Corp.

October 19, 2010

JEFFREY MENDICINO, ET AL.
v.
LOTUS ORIENT CORP., ET AL.



ORDER

AND NOW, this 19th day of October, 2010, upon consideration of the plaintiff's complaint (docket entry # 1), defendants' motion to dismiss pursuant (docket entry # 9), and plaintiff's response (docket entry # 11), it is hereby ORDERED that:

1. Defendants' motion to dismiss (docket entry # 9) is GRANTED IN PART and DENIED IN PART;

2. Defendants' motion to dismiss plaintiff Jeffrey Mendicino pursuant to Fed. R. Civ. P. 12(b)(1) is GRANTED and the Clerk shall DELETE him from the caption of this case;

3. Defendants' motion to dismiss defendant Jing Wu from this action pursuant to Fed. R. Civ. P. 12(b)(2) is GRANTED;

4. Defendants' motion to dismiss Count VI pursuant to Fed. R. Civ. P. 12(b)(6) is DENIED WITHOUT PREJUDICE;

5. In all other respects defendants' motion to dismiss is DENIED; and

6. Defendants shall RESPOND to plaintiff's complaint by November 2, 2010.

20101019

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