DEVON IT, INC. et al v. INTERNATIONAL BUSINESS MACHINES CORPORATION et al

Filing 42

ORDER THAT DEFENDANTS MOTION TO DIMISSS IS GRANTED IN PART AND COUNTS III, VIII, AND IX ARE DISMISSED. DEFENDANTS MOTION IS DENIED AS TO COUNTS I, II, IV, V, VI, AND VII. DEFENDANTS ARE ORDERED TO FILE AN ANSWER TO THE COMPLAINT WITH 20 DAYS OF THE DATE OF ENTRY OF THIS ORDER. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 3/31/2011. 4/1/2011 ENTERED AND COPIES E-MAILED.(sg, )

DEVON IT, INC. et al v. INTERNATIONAL BUSINESS MACHINES CORPORATION et al

Doc. 42

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DEVON IT, INC., et al, Plaintiffs, v. IBM CORP., et al, Defendants. : : : : : : : : :

CIVIL ACTION NO. 10-2899

ORDER AND NOW, this 31st day of March 2011, upon consideration of Defendants' Motion to Dismiss the Complaint (Doc. No. 22), Plaintiffs' Response in Opposition (Doc. No. 27), Defendants' Reply in further support of the Motion to Dismiss (Doc. No. 33), Plaintiffs' Supplemental Brief in Opposition (Doc. No. 37), and Defendants' Supplemental Brief in Support of the Motion to Dismiss (Doc. No. 38), and following a hearing on the Motion held on November 2, 2010, it is ORDERED that: 1. Defendants' Motion to Dismiss (Doc. No. 22) is GRANTED in part and Counts III, VIII, and IX are DISMISSED. 2. 3. Defendants' Motion is DENIED as to Counts I, II, IV, V, VI, and VII. Defendants are Ordered to file an Answer to the Complaint within twenty (20) days of the date of the entry of this Order.

BY THE COURT:

/s/ Joel H. Slomsky, J. JOEL H. SLOMSKY, J.

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