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07-828 - M.R. Marine, Inc. v. Franklin et al

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07-828 - M.R. Marine, Inc. v. Franklin et al
March 4, 2008
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ORDER granting 9 Motion to Dismiss filed by Plaintiff; Count Two of the counterclaim is dismissed, without prejudice to Franklin's ability to seek leave to amend the counterclaim should he be able to plead an actual issuance of process consistent with Rule 11. Franklin's request to delay ruling on this motion pending receipt of discovery responses concerning whether process ever issued, construed as a motion to do so, is denied. Signed by Judge William H. Steele on 3/3/08. (mbp)