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Newport Commons, L.P. and v. Blue Ridge Cable Technologies

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


September 28, 2012

NEWPORT COMMONS, L.P. AND NEWPORT COMMONS II, L.P., PLAINTIFFS
v.
BLUE RIDGE CABLE TECHNOLOGIES, INC., DOING BUSINESS AS BLUE RIDGE COMMUNICATIONS, DEFENDANT

The opinion of the court was delivered by: James Knoll Gardner United States District Judge

ORDER

NOW, this 28 th day of September, 2012 upon consideration of the following documents:

(1) Defendant, Blue Ridge Cable Technologies, Inc., d/b/a Blue Ridge Communications' Motion to Dismiss Complaint, which motion was filed on January 10, 2012, together with

(A) Exhibits A-G; and

(B) Defendant, Blue Ridge Cable Technologies, Inc., d/b/a Blue Ridge Communications' Brief in Support of its Motion to Dismiss Plaintiffs' Complaint and

(2) Newport Commons, L.P. and Newport Commons II, L.P.'s Brief in Opposition to Blue Ridge Cable Technologies, Inc.'s Motion to Dismiss Complaint, which brief was filed on January 31, 2012, together with (A) Exhibits A-G; and

(3) Defendant Blue Ridge Cable Technologies, Inc., d/b/a Blue Ridge Communications' Reply Brief in Support of its Motion to Dismiss, which reply brief was filed on February 13, 2012 *fn1 ; and

(4) Complaint filed by plaintiffs on November 10, 2011; and for the reasons set forth in the accompanying Opinion,

IT IS ORDERED that Defendant, Blue Ridge Cable

Technologies, Inc., d/b/a Blue Ridge Communications' Motion to Dismiss Complaint is granted.

IT IS FURTHER ORDERED that plaintiffs' Complaint filed

November 10, 2011 is dismissed without prejudice for plaintiffs to resubmit the issues raised therein in arbitration and state court proceedings.

IT IS FURTHER ORDERED that the Clerk of Court mark this

case closed for statistical purposes.

BY THE COURT:

James Knoll Gardner


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