THE KNIT WITH v. KNITTING FEVER, INC. et al

Filing 248

MEMORANDUM AND ORDER THAT DEFENDANT DESIGNER YARNS MOTION TO DISMISS IS GRANTED AND PLAINTIFFS COMPLAINT AGAINST DESIGNER YARNS IS DISMISSED IN ITS ENTIRETY. DEFENDANT FILATURAS MOTION IS GRANTED IN PART AND DENIED IN PART. AS TO PLAINTIFFS CAUSE OF ACTION PURSUANT TO 18 U.S.C. 1962(d), DEFENDANT FILATURAS MOTION IS GRANTEDSIGNED BY HONORABLE RONALD L. BUCKWALTER ON 3/10/11. 3/11/11 ENTERED AND COPIES MAILED, E-MAILED.(rf, )

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THE KNIT WITH v. KNITTING FEVER, INC. et al Doc. 248 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA THE KNIT WITH, : : Plaintiff, : : v. : : KNITTING FEVER, INC., : DESIGNER YARNS, LTD., : FILATURA PETTINATA V.V.G. DI : STEFANO VACCARI & C., SION : ELALOUF, DIANE ELALOUF, JEFFREY : J. DENECKE, JR., JAY OPPERMAN, and : DEBBIE BLISS, : : Defendants. : THE KNIT WITH, Plaintiff, v. EISAKU NORO & CO., LTD., KNITTING FEVER, INC., SION ELALOUF, DIANE ELALOUF, and JAY OPPERMAN, Defendants. : : : : : : : : : : : : CIVIL ACTION NO. 08-4221 CIVIL ACTION NO. 08-4775 ORDER AND NOW, this 10th day of March, 2011, upon consideration of the Motion of Defendant Designer Yarns, Ltd. ("Designer Yarns") to Dismiss (Docket No. 223), the Response of Plaintiff The Knit With (Docket No. 233), and Designer Yarns's Reply Brief (Docket No. 236), as well as the Motion of Defendant Filatura Pettinata V.V.G. DiStefano Vaccari & C. ("Filatura") to Dismiss (Docket No. 224), Plaintiff's Response (Docket No. 234), and Filatura's Dockets.Justia.com Reply Brief (Docket No. 237), it is hereby ORDERED as follows: 1. Defendant Designer Yarns's Motion to Dismiss is GRANTED and Plaintiff's Complaint against Designer Yarns is DISMISSED in its entirety. Defendant Filatura's Motion is GRANTED IN PART and DENIED IN PART. As to Plaintiff's cause of action pursuant to 18 U.S.C. 1962(d), Defendant Filatura's Motion is GRANTED and that claim against it is DISMISSED. As to Plaintiff's cause of action for breach of the implied warranty of merchantability, Defendant Filatura's Motion is DENIED. 2. It is so ORDERED. BY THE COURT: s/ Ronald L. Buckwalter RONALD L. BUCKWALTER, S.J.

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