BATOFF v. CHARBONNEAU et al

Filing 44

ORDER THAT PLAINTIFF'S PARTIAL MOTION TO DISMISS DEFENDANTS' COUNTERCLAIMS UNDER FEDERAL RULE OF CIVIL PROCEDURE 12 (b)(6) IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 3/19/13. 3/19/13 ENTERED AND E-MAILED, MAILED.(jl, )

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

JERALD S. BATOFF,
Plaintiff/ Counterclaim Defendant,
v.
JULIE CHARBONNEAU,
and
DEAN TOPOLINKSKI,
Defendants/ Counterclaim Plaintiffs,

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CIVIL ACTION
NO. 12-cv-05397

ORDER
AND NOW, this 19th day of March 2013, upon consideration of plaintiff’s partial motion to
dismiss defendants’ counterclaims under Federal Rule of Civil Procedure 12(b)(6) (Doc. # 19),
defendants’ opposition brief, and plaintiff’s reply thereto, IT IS HEREBY ORDERED THAT:
1. With respect to counts V through VII, inclusive, of defendants’ counterclaims, the
plaintiff’s motion to dismiss is GRANTED and those claims are DISMISSED; and
2. With respect to the count IV for unjust enrichment, the plaintiff’s motion to dismiss is
DENIED.

s/ William H. Yohn Jr.
William H. Yohn Jr., Judge