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16-4329 - Feltzin v. Clocktower Plaza Properties, Ltd.


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16-4329 - Feltzin v. Clocktower Plaza Properties, Ltd.
February 28, 2018
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ORDER granting 35: The Motion to Dismiss is granted pursuant to Rule 12(b)(1) for lack of subject matter jurisdiction and the Clerk of Court is directed to close the case. The matter is dismissed without prejudice to renew pending a hearing before the undersigned. Should Plaintiff elect to pursue the matter further he should so advise the Court and opposing counsel on or before April 13, 2018, and a hearing will be scheduled approximately a month thereafter. See attached Order. Ordered by Judge Denis R. Hurley on 2/28/2018. (Bochner, Francesca)
March 8, 2018
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ORDER AMENDING 39: This amended decision is the same as its predecessor at DE39 except that the final paragraph has been amended to read as follows: Defendant's Rule 12(b)(1) motion is granted to the extent that the matter shall be dismissed with prejudice on April 16, 2018, unless Plaintiff advises the Court and opposing counsel on or before April 13, 2018, that he wishes to pursue the matter further in an effort to remedy the shortcomings highlighted in this decision. In that event, a hearing will be scheduled before the undersigned approximately a month thereafter. Absent such notice from Plaintiff, the Clerk of Court will be directed to close the case on April 16, 2018. Ordered by Judge Denis R. Hurley on 3/8/2018. (Bochner, Francesca)