DEVON ROBOTICS, LLC et al v. DEVIEDMA

Filing 35

ORDER THAT THE MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART FOR REASONS SET OUT IN THE ATTACHED MEMORANDUM. SIGNED BY HONORABLE J. CURTIS JOYNER ON 1/25/2010. 1/26/2010 ENTERED AND COPIES E-MAILED.(ap, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DEVON ROBOTICS, et al., Plaintiffs, v. GASPAR DEVIEDMA, et al., Defendants. : : : : : : : : :

CIVIL ACTION No. 09-cv-3552

ORDER AND NOW, this 25th day of January, 2010, upon consideration of Defendant McKesson's Motion to Dismiss (Doc. No. 20), and responses thereto (Doc. Nos. 28, 29), it is hereby ordered that the Motion is GRANTED in part and DENIED in part for reasons set out in the attached Memorandum.1

BY THE COURT:

s/J. Curtis Joyner J. CURTIS JOYNER, J.

Counts III and VII of the Complaint are dismissed, as is Plaintiffs' c l a i m of tortious interference with prospective contractual relations (part of C o u n t II). The remainder of McKesson's Motion to Dismiss is denied. Additionally, Plaintiffs' request for a preliminary injunction is denied (part o f Count VIII).

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