SPEAR et al v. FENKELL et al

Filing 471

MEMORANDUM AND ORDER THAT FENKELL PARTIES' MOTION TO DISMISS (DOC. 267) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY MAGISTRATE JUDGE RICHARD A. LLORET ON 8/19/15. 8/21/15 ENTERED AND COPIES EMAILED.(rf, )

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

:

CIVIL ACTION

:
v.

:
:

FENKELL, et al.

:

NO. 13-2391

ORDER
On this 19th day of August, 2015, after careful review of the First Amended Crossclaims of Student Loan Management and Research Services (SLMRS) (Doc. No. 252),
the Fenkell Parties’ motion to dismiss (Doc. No. 267), and SLMRS’ reply (Doc. No. 280)
it is
ORDERED
that the motion to dismiss is GRANTED in part, as follows:
1. SLMRS’ first cross-claim (Doc. No. 252) is dismissed WITHOUT prejudice.
SLMRS shall have 14 days from the date of this order to amend;
2. SLMRS’ second cross-claim (Doc. No. 252) with respect to the aiding and
abetting claim is dismissed WITHOUT prejudice. SLMRS shall have 14 days
from the date of this order to amend;
3. SLMRS’ third cross-claim (Doc. No. 252) is dismissed WITHOUT prejudice.
SLMRS shall have 14 days from the date of this order to amend;
4. SLMRS’ fourth cross-claim (Doc. No. 252) insofar as it seeks equitable
indemnification under ERISA, federal common-law, or Pennsylvania law, is
dismissed WITH prejudice; and
5. SLMRS’ fourth cross-claim (Doc. No. 252) insofar as the cross-claim seeks

contribution arising out of the Fourth and Fifth Claims for Relief in the First
Amended Complaint, is dismissed WITH prejudice.
FURTHERED ORDERED
That the motion to dismiss is denied in part, as to
6. SLMRS’ second cross-claim (Doc. No. 252) with respect to the conspiracy claim;
and
7. SLMRS’ fourth cross-claim (Doc. No. 252) insofar as the cross-claim seeks
contribution arising out of the Eleventh and Thirteenth Claims for Relief in the
First Amended Complaint (alleging accomplice and co-conspirator liability
under Pennsylvania law).

s/Richard A. Lloret_______
HON. RICHARD A. LLORET
U.S. Magistrate Judge

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