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International Golden Foods, Inc. v. Oasis

November 20, 2008

INTERNATIONAL GOLDEN FOODS, INC., PLAINTIFF,
v.
BEL OASIS, ETC., DEFENDANT.



The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM ORDER

Bel Oasis has just filed a Motion To Dismiss for Improper Service and Incorrect Party, but without its counsel's having designated a presentment date as is required by this District Court's LR 5.3(b). That however is a nonproblem, because this Court has already issued a brief memorandum order on November 13 dismissing this action for lack of subject matter jurisdiction, based on the failure of plaintiff's counsel to comply with an earlier memorandum order that pointed out the deficiency of the Complaint in failing to establish the requisite diversity of citizenship. Accordingly no action needs to be taken on the motion unless plaintiff's counsel were to seek relief from this Court's November 13 ruling in a timely fashion.

20081120

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