Freeze-Dry Products, Inc. v. Metro Park Warehouse, Inc.

MEMORANDUM AND ORDER

EARL E. O’CONNOR, Senior District Judge.

This matter is before the court on defendant’s motion to dismiss (Doc. # 6) and for oral argument (Doe. # 7). For the reasons set forth below, defendant’s motions will be denied.

Defendant seeks dismissal under Federal Rule of Civil Procedure 12(b)(5) for failure of service of process. The court has reviewed the parties’ briefs on the service issue and determines that oral argument would not be of material assistance in resolving the instant motion. Accordingly, defendant’s motion for oral argument will be denied.

The complaint in the…