SPEAR et al v. FENKELL et al

Filing 298

ORDER ADOPTING REPORT AND RECOMMENDATIONS THAT REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE RICHARD A. LLORET IS APPROVED AND ADOPTED. THE FENKELL PARTIES MOTION TO DISMISS (DOC. 113-1) SLMRS'S CROSSCLAIMS (DOC. 87) INSOFAR AS THOSE CLAIMS RELA TE TO COUNTS FOUR AND FIVE OF THE AMENDED COMPLAINT (DOC. 68) IS GRANTED. THE FENKELL PARTIES MOTION TO DISMISS (DOC. 113-1) SLMRS'S CROSSCLAIMS (DOC. 87) INSOFAR AS THOSE CLAIMS RELATE TO COUNTS ELEVEN AND THIRTEEN OF THE AMENDED COMPLAINT (DOC . 68) IS DENIED. THE FENKELL PARTIES MOTION TO DISMISS (DOC. 113-1) SLMRS'S CROSSCLAIMS (DOC. 87) INSOFAR AS THEY RELATE TO INDEMNIFICATION, IS DENIED. THE FENKELL PARTIES MOTION TO DISMISS (DOC. 113-1) SLMRS'S CROSSCLAIMS (DOC. 87) INSOFAR AS THEY RELATE TO CIVIL CONSPIRACY CLAIMS IS DENIED.. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 1/29/15. 2/4/15 ENTERED AND COPIES MAILED, E-MAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SPEAR, et al.

CIVIL ACTION

v.
FENKELL, et al.

NO. 13-02391

#

AND NOW this

ORDER

JJ_ day of ~,J ii "~1
,.

,

204,

upon careful and independent

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consideration of the pleadings of the parties, hearing transcri,J?t, and Report and
Recommendation of Magistrate Judge Richard A. Lloret1f is ORDERED that:
1.

The Report and Recommendation of Magistrate Judge Richard A. Lloret is
APPROVED and ADOPTED;

2. The Fenkell Parties' Motion to Dismiss (Doc. No. 113-1) SLMRS's Crossclaims (Doc.
No. 87,

~~

1-8), insofar as those claims relate to Counts Four and Five of the

Amended Complaint (Doc. No. 68,

~~182-188)

is GRANTED.

3. The Fenkell Parties' Motion to Dismiss (Doc. No. 113-1) SLMRS's Crossclaims (Doc.
No. 87, ~~ 1-8), insofar as those claims relate to Counts Eleven and Thirteen of the
Amended Complaint (Doc. No. 68,

~~

228-36; 245-55) is DENIED.

4. The Fenkell Parties' Motion to Dismiss (Doc. No. 113-1) SLMRS's Crossclaims (Doc.
No. 87,

~

8), insofar as they relate to indemnification, is DENIED.

5. The Fenkell Parties' Motion to Dismiss (Doc. No. 113-1) SLMRS's Crossclaims (Doc.
No. 87 ~ 5), insofar as they relate to civil conspiracy claims, is DENIED.