PERELMAN v. PERELMAN et al

Filing 101

MEMORANDUM AND ORDER THAT THE DEFEDANTS' MOTION TO DISMISS OR, IN THE ALTERNATIVE FOR SUMMARY JUDGMENT FOR LACK OF STANDING; DEFENDANTS' MOTION TO DISMISS THE SECOND AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM (DOC. NO. 56) IS GRANTED I NSOFAR AS THEY SEEK DISMISSAL OF ALL CLAIMS IN THE SECOND AMENDED COMPLAINT AGAINST DEFENDANT RONAL PERELMAN (COUNTS 9, 10, AND 11) AND DEFENDANT RONALD PERELMAN IS DISMISSED AS A DEFENDANT IN THIS ACTION. THE MOTIONS ARE GRANTED INSOFAR AS THEY SEEK TO PRAYER FOR RELIEF CLAUSES 1-7 AND 10-12. THE MOTIONS ARE DENIED IN ALL OTHER RESPECTS. SIGNED BY HONORABLE JOHN R. PADOVA ON 8/27/2012. 8/28/2012 ENTERED AND COPIES MAILED, E-MAILED. (kk, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JEFFREY E. PERELMAN v. RAYMOND G. PERELMAN, ET AL. : : : : CIVIL ACTION : NO. 10-5622 ORDER AND NOW, this 27th day of August 2012, upon consideration of (1) Defendants’ Motion to Dismiss or, in the alternative for Summary Judgment for Lack of Standing (construed solely as a Motion pursuant to Fed. R. Civ. P. 12(b)), and (2) Defendants’ Motion to Dismiss the Second Amended Complaint for Failure to State a Claim (filed together as Docket Entry Number 56), all documents filed in connection therewith, and oral argument conducted on November 22, 2011, and for the reasons stated in the accompanying Memorandum, IT IS HEREBY ORDERED AS FOLLOWS: 1. The Motions are GRANTED insofar as they seek dismissal of all claims in the Second Amended Complaint against Defendant Ronald Perelman (Counts 9, 10, and 11) and Defendant Ronald Perelman is DISMISSED as a defendant in this action. 2. The Motions are GRANTED insofar as they seek to strike Prayer for Relief Clauses ¶¶ 1-7 and 10-12. 3. The Motions are DENIED in all other respects. BY THE COURT: /s/ John R. Padova John R. Padova, J.

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