JOHN DOE et al v. SCHNEIDER et al

Filing 14

ORDER THAT DEFTS' MOTION TO DISMISS (DOC. #5) IS GRANTED IN PART & DENIED IN PART, ETC. FURTHER, DEFTS' MOTION TO GRANT AS UNCONTESTED THEIR MOTION TO DISMISS THE FIRST AMENDED COMPLAINT (DOC. #7) IS DENIED. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 10/29/09. 10/30/09 ENTERED AND COPIES E-MAILED.(kw, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOHN DOE, et al v. KENNETH SCHNEIDER, et al : : : : : CIVIL ACTION NO. 08-3805 ORDER AND NOW, this 29th day of October, 2009, upon consideration of Defendants Kenneth Schneider, Bernard Schneider, Marjorie Schneider, Susan Schneider and The Apogee Foundation's Motion to Dismiss, the response filed in opposition and the reply thereto, it is hereby ORDERED that Defendants' Motion (Doc. #5) is GRANTED IN PART and DENIED IN PART, as follows: · · · Defendants' Motion as to Count I is denied; Defendants' Motion as to Count II is denied; Defendants' Motion as to Count III is granted in part. Plaintiff John Doe's claim for vicarious liability is dismissed; · · · Defendants' Motion as to Count IV is denied; Defendants' Motion as to Count V is granted. Defendants' Motion as to Count VI is granted in part. Plaintiff Jane Doe's claim for intentional infliction of emotional distress is dismissed; · · Defendants' Motion as to Count VII is granted; and Defendants' Motion as to Count VIII is granted. Further, Defendants' "Motion to Grant as Uncontested their Motion to Dismiss the First Amended Complaint" (Doc. #7) is DENIED. BY THE COURT: /s/ Mitchell S. Goldberg ____________________________ MITCHELL S. GOLDBERG, J.

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