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17-3039 - Bartone v. Podbela


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17-3039 - Bartone v. Podbela
January 29, 2018
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MEMORANDUM OF DECISION AND ORDER: For the foregoing reasons, the Defendants 8 motion to dismiss the complaint pursuant to Rule 12(b)(1) is granted because the Plaintiff does not have standing to pursue his claims. The Plaintiffs claims are dismissed without prejudice, and the Plaintiff is granted leave to refile in the event that the Surrogates Court either 1) finds that the Plaintiff is a beneficiary of the Decedents estate, or 2) names him executor or administrator of the estate. If either of those conditions is satisfied, the Plaintiff must bring this claim on behalf of the estate of the Decedent. The Clerk of the Court is respectfully directed to close the case. SEE ATTACHED DECISION for details. SO ORDERED by Judge Arthur D. Spatt on 1/29/2018. (Coleman, Laurie)
February 23, 2018
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Electronic ORDER granting 14 Plaintiff's Motion to Amend/Correct/Supplement. The Court accordingly grants the Plaintiff's unopposed motion to amend the Court's January 29, 2018 order. The Court's decision and order has been amended to reflect the Plaintiff's requested modification. The Clerk of the Court is respectfully directed to close the case. So Ordered by Judge Arthur D. Spatt on 2/23/2018. (Fell, Christopher)