VonGrabe

ORDER (1) DENYING PLAINTIFF’S MOTION FOR ENTRY OF DEFAULT JUDGMENT [105-1]; (2) GRANTING DEFENDANT’S MOTION TO DISMISS [109-1]; (3) DENYING DEFENDANT’S REQUEST FOR JUDICIAL NOTICE [111-1]; (4) DENYING PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE [126-1] AND [128-1]; and (5) DISMISSING PLAINTIFF’S SECOND AMENDED COMPLAINT

I. INTRODUCTION

Before this Court is (1) Plaintiffs motion for default judgment, (2) Defendant’s motion for involuntary dismissal, and (3) judicial notice requests presented by both parties. Plaintiff also notified this Court that he intended to call defense counsel, Daniel Pascucci, as a witness during the oral argument hearing on these motions. This Court held oral argument on both motions on March 11, 2004 at 9:00 a.m. and took the motions under submission. During the hearing, Plaintiff withdrew his intent to call Mr. Pascucci as a witness.

For the reasons stated herein, this Court (1) DENIES Plaintiffs motion for entry of default judgment [105-1], (2) GRANTS Defendant’s motion to dismiss [109-1], (3) DENIES Defendant’s request for judicial notice [111-1], and (4) DENIES Plaintiffs request for judicial notice [126-1] and [128-1]. Plaintiffs Second Amended…