SOUTH JERSEY GAS COMPANY v. MUELLER COMPANY, LTD. (N.J. 4-27-2010)

ROBERT KUGLER, Magistrate Judge

THIS MATTER having come before the Court upon a motion by Defendants Mueller Company, LTD and Mueller Group, LLC (collectively, "Mueller Defendants") to dismiss the Complaint of Plaintiff South Jersey Gas Company ("Plaintiff") for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6), or in the alternative, for summary judgment, and upon a motion by Defendants Eclipse, Inc., Rockford Eclipse, Inc., and Eclipse Combustion and/or Power Equipment, Co. (collectively, "Eclipse Defendants") to dismiss Plaintiff's Complaint for failure to state a claim; and the Court having considered the submissions of the parties; and for the reasons expressed in an Opinion issued today;

IT IS HEREBY ORDERED that the Mueller Defendants' alternative motion for summary judgment is GRANTED; and

Plaintiff is HEREBY NOTIFIED that the Court will treat the Eclipse Defendants' motion to dismiss as one for summary judgment pursuant to Federal Rule of Civil Procedure 12(d); and

IT IS FURTHER ORDERED that Plaintiff has until May 7, 2010 to respond to the converted motion.

Dated: 4-27-2010