Gaffney v. Play Hard, Inc. et al
Patrick Gaffney |
Play Hard, Inc. and Jacob M. Wand |
1:2008cv00018 |
January 25, 2008 |
US District Court for the District of Vermont |
Brattleboro Office |
Windham |
J. Garvan Murtha |
Contract: Other |
28 U.S.C. ยง 1332 Diversity-Breach of Contract |
Plaintiff |
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Filing 93 OPINION AND ORDER: This Court has no authority to exercise its jurisdiction over the Leitz Defendants, Green, or Play More, Inc. Therefore, the 89 Motion to Dismiss the Leitz Defendants is GRANTED.Although D'Ryan Green has not filed a formal motion to dismiss, the Court construes his pro se letter to the Court to state sufficient facts to overcome any claims plaintiff may have to allow the Court to exercise jurisdiction over Green or Play More,Inc., a Louisiana corporation with which he is associated. (See Exs. 3, 4 of Pltf.'s 79 Memorandum.). Therefore, D'Ryan Green and Play More, Inc. are DISMISSED. Since the claims against all defendants except Jacob Wand and Play Hard, Inc. have been dismissed, plaintiff's 23 Emergency Motion for Temporary Restraining Order Ex Parte and for a Preliminary Injunction is DENIED as moot. Plaintiff's 22 Motion for Contempt and Legal Fees was filed on February 20, 2008, prior to his obtaining a default judgment against J acob Wand and Play Hard, Inc. on April 24, 2008. The judgment includes attorney's fees. Considering the passage of time from the filing of the motion and the lack of activity, the Court exercises its discretion and DENIES plaintiff's motion. Signed by Judge J. Garvan Murtha on 07/29/2009. (wjf) |
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