Free Order on Motion to Dismiss/Lack of Subject Jurisdiction - District Court of Delaware - Delaware

Case 1 :07-cv—00363-GIVIS Document 8 Filed 1 1/29/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PAUL H. MARTIN, III, et al. :
Plaintiffs :
v. : Civil Action No. 07-363 GMS
ANDREAS STIHL AG & Co. KG, et al. :
Defendants :
ORDER
WHEREAS, on June 7, 2007, a complaint was filed inthe above-captioned case (D.I. 1);
WHEREAS, on October 2, 2007, the defendants Andreas Stihl AG & Co. KG and Stihl, Inc.
filed a motion to dismiss the case for lack of subject matter jurisdiction (D.I. 3),
WHEREAS, on November 16, 2007, the plaintiffs filed a response to the motion to dismiss
in which they conceded that the parties in this case are not diverse in that one defendant, Stihl, Inc.,
is a Delaware corporation with its principal place of business in Virginia Beach, VA. They stated
that they do not oppose the dismissal of this case in its entirety pursuant to 28 U.S.C. § 1332 (D.I.
6); ‘
WHEREAS, on November 20, 2007, the defendants filed a notice of waiver of right to file
a reply brief (D.I. 7).
IT IS HEREBY ORDERED that:
I. The defendants’ motion to dismiss is GRANTED;
2. This case is dismissed in its entirety.
FILED ,
CHIE , UNITED S ATES IST IC UDGE
NOV 2 9 7
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