LEONETTI'S FROZEN FOODS, INC. v. AMERICAN KITCHEN DELIGHTS, INC.

Filing 20

ORDER THAT DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S RESPONSE IS DENIED. IT IS FURTHER ORDERED THAT LEONETTI FOOD DISTRIBUTORS, INC. IS SUBSTITUTED AS PLAINTIFF AND THE CLERK IS DIRECTED TO AMEND THE CAPTION ACCORDINGLY. DEFENDANT'S MOTION TO STRIKE IS DENIED AS MOOT. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 4/4/12. 4/5/12 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LEONETTI’S FROZEN FOODS, INC.

:
:
v.
:
:
AMERICAN KITCHEN DELIGHTS, INC. :
:

CIVIL ACTION
No. 11-6736

ORDER
AND NOW, this 4th day of April, 2012, upon consideration of defendant American
Kitchen Delights, Inc.’s motion to dismiss, plaintiff Leonetti’s Frozen Foods, Inc.’s response in
opposition and defendant’s response to plaintiff’s opposition, it is ORDERED that the motion is
DENIED. American Kitchen shall file an answer to the claims set forth against it in the amended
complaint and counsel shall submit an agreed upon discovery schedule to the Court within
fourteen days from the date of this Order.
It is FURTHER ORDERED that Leonetti Food Distributors, Inc. is substituted as plaintiff
and the Clerk is directed to amend the caption accordingly.
Upon consideration of defendant’s motion to strike, it is ORDERED that the motion is
DENIED as moot.

s/Thomas N. O’Neill, Jr.
THOMAS N. O’NEILL, JR., J.