NTP MARBLE, INC. v. JOHN DOES (1-10) et al

Filing 76

MEMORANDUM AND/OR OPINION ORDER THAT THE PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIMS IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN.. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 6/30/2011. 6/30/2011 ENTERED AND COPIES MAILED TO PRO SE, E-MAILED.(tomg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

NTP MARBLE, INC., t/a
COLONIAL MARBLE & GRANITE,
Plaintiff/Counterclaim Defendant,
v.
AAA HELLENIC MARBLE, INC.,
Defendant/Crossclaim Plaintiff/
Counterclaim Plaintiff,
NICHOLAS ALEXIADAS,
Defendant/Crossclaim Plaintiff/
Counterclaim Plaintiff,
RICHARD MOSER,
Defendant/Crossclaim Defendant,
JOHN AND JANE DOES (1-10),
Defendants,
DOE ENTITIES (1-10),
Defendants.

:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:

CIVIL ACTION

No.: 09-cv-5783

ORDER

AND NOW, this

30th

day of June, 2011, upon consideration of Plaintiff NTP Marble,

Inc.’s Motion to Dismiss Counterclaims (Doc. No. 60), Defendants’, AAA Hellenic Marble, Inc.
and Nicholas Alexiadas, Response in Opposition to Plaintiff’s Motion to Dismiss Counterclaims
(Doc. No. 65), Plaintiff’s Reply in Further Support of Motion to Dismiss Counterclaims (Doc.
No. 71), Defendants’ Sur Reply to Plaintiff’s Reply in Further Support of Motion to Dismiss
Counterclaims (Doc. No. 73 & 74), and for the reasons set forth in the accompanying
Memorandum, it is hereby ORDERED that Plaintiff’s motion will be GRANTED IN PART
and DENIED IN PART as follows:
1.

Plaintiff’s Motion to Dismiss Counterclaims is GRANTED as to Counts III and

IV; and
2.

Plaintiff’s Motion to Dismiss Counterclaims DENIED as to Counts I and II.

BY THE COURT:

/s/ Lynne A. Sitarski
LYNNE A. SITARSKI
UNITED STATES MAGISTRATE JUDGE

2