NOVA DESIGN TECHNOLOGIES, LTD. v. WALTERS et al

Filing 143

AMENDED MEMORANDUM ORDER THAT THE INDIVIDUAL DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS ALSO GRANTED IN PART AS TO COUNT II AGAINST BRIAN GUERRA. IT IS FURTHER ORDERED THAT COUNTS II, III, AND IV AGAINST DALE WALTERS ARE DISMISSED WITH PREJUDICE AS WITHDRAWN BY THE PLAINTIFF. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 6/28/2012. 6/29/2012 ENTERED AND COPIES E-MAILED. (ems)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NOVA DESIGN TECHNOLOGIES,
LTD.
v.
MATTHEW K. WALTERS, et al.

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CIVIL ACTION

NO. 10-7618

ORDER

AND NOW, this 28th day of June, 2012, whereas the Court
entered a Memorandum and Order on June 27, 2012, and whereas the
Court entered an Amended Memorandum bearing today’s date which
corrected the Court’s characterization of which claims had been
remaining against which individual defendants, and whereas the
Court’s discussion of the gist of the action doctrine in Section
III.A.1 of the Memorandum Opinion of June 27, 2012 applies by its
terms to all tort claims brought against Matthew Walters and
Brian Guerra, IT IS HEREBY ORDERED that the individual
defendants’ Motion for Summary Judgment is also GRANTED IN PART
as to Count II against Brian Guerra.

Whereas the Order of June 27, 2012 erroneously also
refers to “the claim for fraudulent concealment or nondisclosure
in Count IV against Dale Walters,” and whereas the plaintiff has
withdrawn all claims in Counts II-IV as against Dale Walters,
Pl.’s Opp. 20, Tr. Hr’g 5/9/12 at 84, and by way of

clarification, IT IS FURTHER ORDERED that Counts II, III, and IV
against Dale Walters are DISMISSED WITH PREJUDICE as withdrawn by
the plaintiff.

BY THE COURT:
/s/ Mary A. McLaughlin
MARY A. McLAUGHLIN, J.

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