SUNLIGHT ELECTRICAL CONTRACTING CO., INC. v. TURCHI et al

Filing 56

ORDER THAT DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS IS HEREBY GRANTED IN PART, TURCHI PROPERTIES IS DISMISSED AS A DEFENDANT, PLAINTIFF SHALL HAVE UNTIL 9/26/2011 TO FILE A BRIEF EXPLAINING WHY ITS COMPLAINT STATES CLAIMS UNDER THE PA CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT AGAINST TURCHI, INC. IN COUNTS IV,VI, AND XV. FURTHER INSTRUCTIONS ARE AS OUTLINED HEREIN. SIGNED BY HONORABLE STEWART DALZELL ON 9/13/2011. 9/14/2011 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SUNLIGHT ELECTRICAL
CONTRACTING CO., INC.
v.
JOHN J. TURCHI, JR., et al.

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CIVIL ACTION

NO. 08-5834

ORDER
AND NOW, this 13th day of September, 2011, upon
consideration of defendant Carriage House Condominiums, G.P.,
Inc.’s notice of removal (docket entry # 1), which included as an
exhibit plaintiff’s complaint (Exhibit B to docket entry # 1),
defendants’ answer to plaintiff’s complaint (docket entry # 5),
defendants’ motion for judgment on the pleadings (docket entry #
35) and exhibits thereto (docket entry # 36), plaintiff’s
response in opposition to defendants’ motion (docket entry # 39),
and defendants’ reply in support of their motion (docket entry #
43), and in accordance with the accompanying Memorandum, it is
hereby ORDERED that:
1.

Defendants’ motion for judgment on the pleadings

(docket entry # 35) is GRANTED IN PART;
2.

Turchi Properties is DISMISSED as a defendant;

3.

Counts VIII-XII, XIV-XVI, XVIII, and XIX are

DISMISSED insofar as they state claims for breach of contract and
unjust enrichment based on invoices that, on their face, made

payment due before May 30, 2004;
4.

Counts IV, V, XII, XVI, and XIX of plaintiff’s

complaint are DISMISSED insofar as they assert claims for unjust
enrichment against John J. Turchi, Jr., and Turchi, Inc.;
5.

Counts VII, XIII, XVII, and XX of plaintiff’s

complaint are DISMISSED insofar as they assert claims for veilpiercing against John J. Turchi, Jr.;
6.

Counts IV, VI, and XV of plaintiff’s complaint are

DISMISSED insofar as they assert breach of contract claims
against Turchi, Inc.; and
7.

By September 26, 2011, the plaintiff shall FILE a

brief, not to exceed ten pages, explaining why its complaint
states claims under the Pennsylvania Contractor and Subcontractor
Payment Act against Turchi, Inc. in Counts IV, VI, and XV.

BY THE COURT:

__\s\Stewart Dalzell

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