JUNKER v. MEDICAL COMPONENTS, INC. et al

Filing 173

ORDER THAT PLAINTIFF'S MOTION TO DISMISS DEFENDANTS' THIRD AMENDED ANSWER AND COUNTERCLAIMS ARE GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED THAT A STATUS TELEPHONE CONFERENCE WILL BE HELD ON 1/4/17 AT 3:30 PM. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 12/21/16. 12/21/16 ENTERED AND COPIES E-MAILED.(mbh, )

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

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Plaintiff,
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v.
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MEDICAL COMPONENTS, INC., et al.,
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Defendants.
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_______________________________________:
LARRY G. JUNKER,

CIVIL ACTION

No. 13-4606

ORDER
AND NOW, this 21st day of December, 2016, upon consideration of Plaintiff’s “Motion to
Dismiss Defendants’ Third Amended Answer and Counterclaims” (Doc. No. 143), Defendants’
Response in opposition thereto (Doc. No. 144), and Plaintiff’s Reply (Doc. No. 148), and for the
reasons set forth in this Court’s accompanying Memorandum Opinion, it is hereby ORDERED
that Plaintiff’s Motion to Dismiss is GRANTED in part and DENIED in part as follows:
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The Motion is GRANTED such that “Footnote 1” within Defendants’ Third
Affirmative Defense is STRICKEN.

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The Motion is GRANTED such that “Footnote 3” within Defendants’ First Amended
Counterclaim is STRICKEN.

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The Motion is GRANTED such that the first bulleted sub-paragraph within Paragraph
10 of Defendants’ First Amended Counterclaim is STRICKEN.

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The Motion is GRANTED such that Paragraph 14 of Defendants’ Second Amended
Counterclaim is STRICKEN.

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The Motion is DENIED in all other respects.

It is further ORDERED that a status telephone conference will be held on Wednesday,
January 4, 2017 at 3:30 p.m. EST to discuss the remaining adjudication of this case. Plaintiff’s
counsel shall initiate the conference call with defense counsel prior to calling Chambers.

BY THE COURT:
/s/ Mitchell S. Goldberg
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MITCHELL S. GOLDBERG, J.