STEIN et al v. FENESTRA AMERICA, L.L.C. et al

Filing 11

ORDER THAT DEFTS' MOTION TO DISMISS (DOC #4) IS GRANTED IN PART AND DENIED IN PART. PLFFS ARE HEEBY GRANTED 30 DAYS TO CONDUCT LIMITED DISCOVERY ON ISSUES RELEVANT TO WHETHER THE CORPORATE VEIL SHOULD BE PIERCED IN THIS CASE. PLFFS HAVE UNTIL 4/ 23/10 TO FURTHER AMEND THEIR COMPLAINT TO ALLEGE ADDITIONAL FACTS SUPPORTING THEIR ARGUMENT THAT ZELUCK AND FENESTRA ARE JOINTLY AND SEVERALLY LIABLE FOR THE DEBTS OF EACH OTHER. ( SIGNED BY HONORABLE BERLE M. SCHILLER ON 3/9/10. ) 3/10/10 ENTERED AND COPIES E-MAILED.(gn, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA RANDALL STEIN and AMY STEIN Plaintiffs, v. FENESTRA AMERICA, L.L.C. and ZELUCK, INC. Defendants. : : : : : : :

CIVIL ACTION

No. 09-5038

ORDER AND NOW, this 9th day of March, 2010, upon consideration of Defendants' Motion to Dismiss, Plaintiff's response thereto, Defendants' reply thereon, and for the reasons set forth in this Court's March 9, 2010 Memorandum, it is hereby ORDERED that: 1. Defendants' Motion to Dismiss (Doc. No. 4) is GRANTED in part and DENIED in part. a. Defendants' Motion to Dismiss Count II, Count III, and Count IV of Plaintiff's Amended Complaint is GRANTED. b. Defendants' Motion to Dismiss Count V and Count VI with respect to Zeluck, Inc., and Count VII in its entirety is DENIED without prejudice. 2. Plaintiffs are hereby granted 30 days to conduct limited discovery on issues relevant to whether the corporate veil should be pierced in this case. Plaintiffs have until April 23, 2010 to further amend their Complaint to allege additional facts supporting their argument that Zeluck and Fenestra are jointly and severally liable for the debts of each other. BY THE COURT:

Berle M. Schiller, J.