NOVA FINANCIAL HOLDINGS, INC. v. BANCINSURE, INC.

Filing 14

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. THE MOTION IS GRANTED AS TO COUNTS III AND IV, AND IS DENIED AS TO COUNTS V AND VI. DEFENDANT MUST FILE AN ANSWER TO THE REMAINING COUNTS WITHIN 15 DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE ROBERT F. KELLY ON 4/17/12. 4/17/12 ENTERED AND E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

NOVA FINANCIAL HOLDINGS INC.,
and NOVA BANK,
Plaintiffs,
v.
BANCINSURE, INC.,
Defendant.

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CIVIL ACTION

No. 11-07840

ORDER
AND NOW, this 17th day of April, 2012, upon consideration of the “Motion to
Dismiss Plaintiffs’ Complaint Pursuant to Rule 12(b)(6)” filed by Defendant, Bancinsure, Inc.
(Doc. No. 10), against Plaintiffs, Nova Financial Holdings Inc. and Nova Bank, Plaintiffs’
Response and Defendant’s Reply, it is hereby ORDERED that the Motion is GRANTED in part
and DENIED in part. The Motion is GRANTED as to Counts III and IV, and is DENIED as to
Counts V and VI.
Defendant must file an answer to the remaining counts within 15 days of the date
of this Order.

BY THE COURT:

/s/ Robert F. Kelly
ROBERT F. KELLY
SENIOR JUDGE