DiMeo v. Minster MacHine Co.

TIMBERS, District Judge.

I

DEFENDANT MINSTER MACHINE’S MOTION TO DISMISS

Defendant Minster Machine Co., Inc. having moved (i) pursuant to Rule 12 (b) (2) and (5), Fed.R.Civ.P., to dismiss the complaint on the ground of lack of jurisdiction over said defendant and to quash service of process because of the insufficiency of service of process on said defendant, and (ii) pursuant to Rule 12(b) (6), Fed.R.Civ.P., to dismiss the second count of the complaint for failure to state a claim upon which relief can be granted; and

Defendant Minster, at the time of oral argument, having withdrawn its motion…