Hanson Engineering, Inc. v. Ascher

Full title: HANSON ENGINEERING, INC., Plaintiff/Counter-Defendant, v. ROBERT ASCHER…

Court: United States District Court, D. New Jersey

Date published: Apr 18, 2008

CIVIL ACTION NO. 07-2651 (JLL) (D.N.J. Apr. 18, 2008)

Opinion

CIVIL ACTION NO. 07-2651 (JLL).

April 18, 2008

ORDER

JOSE LINARES, District Judge

Presently before the Court is Plaintiff Hanson Engineering, Inc.'s motion to dismiss Defendant Robert Ascher's Amended Counterclaim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons set forth in the Court's opinion dated April 16, 2008,

IT IS on this 16th day of April, 2008,

ORDERED that Plaintiff's motion [docket no. 12] is hereby GRANTED IN PART and DENIED IN PART; and it is further

ORDERED that Count I of Defendant's Amended Counterclaim is dismissed without prejudice; and it is further

ORDERED that if Defendant wishes to file a second amended counterclaim, he must do so within thirty (30) days of the entry of this order in accordance with all local and federal rules, and failure to do so will result in dismissal of Count I with prejudice.

SO ORDERED.