Commerce Insurance Services v. Szczurek

Full title: COMMERCE INSURANCE SERVICES, INC. Plaintiff, v. STANLEY SZCZUREK, FRANEY…

Court: United States District Court, D. New Jersey

Date published: Jan 6, 2006

Civil No. 05-3536 (JBS) (D.N.J. Jan. 6, 2006)

Opinion

Civil No. 05-3536 (JBS).

January 6, 2006

ORDER

JEROME SIMANDLE, District Judge

This matter is before the Court upon the motion to dismiss Counts III, IV and V of the Amended Complaint by Defendants pursuant to Rule 12(b)(6), Fed.R.Civ.P., [Docket Item 18]; and

The Court having considered the written submissions in support and opposition; and having heard oral argument at a hearing on January 5, 2006; and

For the reasons expressed in the Opinion of today's date;

IT IS this 6th day of January 2006 hereby

ORDERED that the motion to dismiss Counts III, IV and V of the Amended Complaint by Defendants pursuant to Rule 12(b)(6), Fed.R.Civ.P., [Docket Item 18] shall be, and hereby is, DENIED ; and

IT IS FURTHER ORDERED that the motion to dismiss Counts III, IV and V of the Original Complaint by Defendants pursuant to Rule 12(b)(6), Fed.R.Civ.P., [Docket Item 3] shall be, and hereby is, DISMISSED AS MOOT, Plaintiff having filed an Amended Complaint on November 18, 2005.