WHITE v. RACE et al

Filing 16

ORDER THAT THE PLAINTIFF'S MOTION TO DISMISS THE COUNTERCLAIMS (DOC. NO. 4) IS DENIED ON COUNT I (BREACH OF CONTRACT). PLAINTIFF'S MOTION TO DISMISS THE COUNTERCLAIMS (DOC. NO. 4) IS GRATED ON COUNT II (FRAUD). THE CASE WILL PROCEED WITH RE SPECT TO DEFENDANTS' COUNTERCLAIMS FOR BREACH OF CONTRACT AND CONVERSION OF INTANGIBLE PROPERTY (COUNTS I AND III). PLAINTIFF IS DIRECTED TO FILE AND ANSWER TO THESE TWO COUNTERCLAIMS WITHIN 20 DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 4/17/2014. 4/18/2014 ENTERED AND COPIES E-MAILED.(jmg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
BRIAN WHITE,
Plaintiff,
CIVIL ACTION
NO. 13-5969

v.
SCOTT RACE, et al.,
Defendants.

ORDER
AND NOW, this 17th day of April 2014, upon consideration of Plaintiff's Motion to
Dismiss the Counterclaims (Doc. No. 4), Defendants' Response (Doc. No. 7), Plaintiff's Reply
(Doc. No. 8), and the supplemental briefs submitted by both parties (Doc. Nos. 13, 14), it is

ORDERED that:
1. Plaintiff's Motion to Dismiss the Counterclaims (Doc. No. 4) is DENIED on Count I
(breach of contract).
2. Plaintiff's Motion to Dismiss the Counterclaims (Doc. No. 4) is GRANTED on Count II
(fraud).

3. The case will proceed with respect to Defendants' counterclaims for breach of contract and
conversion of intangible property (Counts I and III). Plaintiff is directed to file an Answer
to these two counterclaims within 20 days of the date of this Order.

BY THE COURT:

/s/ Joel H. Slomsky
JOEL H. SLOMSKY, J.

12