BASSETT SEAMLESS GUTTERING, INC. v. GUTTERGUARD, INC. (M.D.N.C. 2006)

FRANK BULLOCK JR., District Judge

For the reasons set forth in the memorandum opinion filed contemporaneously herewith, IT IS ORDERED that Defendant K-Guard, LLC's motion [Doc. #11] to dismiss Plaintiff's claims against it pursuant to Rule 12(b)(3), Federal Rules of Civil Procedure, is GRANTED, and all Plaintiff's claims against Defendant K-Guard, LLC are DISMISSED without prejudice. Defendant K-Guard, LLC's alternate motion [Doc. #11] to transfer pursuant to 28 U.S.C. § 1404(a) is DENIED.

IT IS FURTHER ORDERED that Plaintiff's claims against the remaining Defendants GutterGuard, LLC, GutterGuard, Inc., f/k/a GutterGuard of North Carolina, Inc., and Dixie Homecrafters, Inc., are SEVERED and will be retained in this court.

The Clerk is directed to schedule a prompt Rule 26(f), Federal Rules of Civil Procedure, discovery conference in this court for Plaintiff and the remaining Defendants.