BROWN & BROWN, INC. et al v. COLA et al

Filing 111

ORDER THAT THE MOTION IS GRANTED IN PART AND DENIED IN PART, AS FOLLOWS:DEFENDANT COLAS MOTION FOR LEAVE TO INCLUDE A BREACH OF CONTRACT ACTION AGAINST BROWN & BROWN, INC. AND BROWN & BROWN OF PENNSYLVANIA, INC. IS DENIED; DEFENDANT COLAS MOTION FOR LEAVE TO INCLUDE A CLAIM FOR RECOVERY OF ATTORNEYS FEES PURSUANT TO SECTION 35(A) OF THE LANHAM ACT IS GRANTED. WITHIN FIFTEEN (15) DAYS FROM THE DATE OF THIS ORDER, DEFENDANT COLA SHALL FILE AN AMENDED COUNTERCLAIM REFLECTING THE CHANGES ALLOWED AND DISALLOWED BY THIS ORDER. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 7/13/11. 7/14/11 ENTERED AND COPIES E-MAILED.(mas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
BROWN & BROWN, INC.,
BROWN & BROWN OF
PENNSYLVANIA, INC. and GRINSPEC,
INC.
Plaintiffs,
v.
ROBERT COLA, RYAN TOLA, and
DOYLE ALLIANCE GROUP,
Defendants.

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CIVIL ACTION

NO. 10-3898

ORDER
AND NOW, this 13th day of July, 2011, upon consideration of Defendant Robert Cola’s
Motion for Leave to Amend Counterclaims Pursuant to Federal Rule of Civil Procedure 15(a)(2)
(Docket No. 101) and the Response of Plaintiffs Brown & Brown, Inc., Brown & Brown of
Pennsylvania, Inc., and Grinspec, Inc. (Docket No. 104), it is hereby ORDERED that the Motion is
GRANTED IN PART and DENIED IN PART, as follows:
1.

Defendant Cola’s Motion for Leave to include a breach of contract action against
Brown & Brown, Inc. and Brown & Brown of Pennsylvania, Inc. is DENIED;

2.

Defendant Cola’s Motion for Leave to include a claim for recovery of attorneys’ fees
pursuant to Section 35(a) of the Lanham Act is GRANTED.

3.

Within fifteen (15) days from the date of this Order, Defendant Cola shall file an
Amended Counterclaim reflecting the changes allowed and disallowed by this Order.

It is so ORDERED.
BY THE COURT:

s/ Ronald L. Buckwalter
RONALD L. BUCKWALTER, S.J.