SEGAL et al v. ZIELENIEC

Filing 17

ORDER THAT DEFENDANT SAMUEL ZIELENIEC'S MOTIONS TO DISMISS ARE DENIED AND GRANTED AS OUTLINED HEREIN. WITHIN 14 DAYS OF THE ENTRY OF THIS ORDER PLAINTIFF SHALL SUBMIT TO THE COURT A STATUS REPORT AS OUTLINED HEREIN. WITHIN 28 DAYS OF THE ENTRY OF THIS ORDER, DEFENDANT SAMUEL ZIELENIEC SHALL ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT AS OUTLINED HEREIN. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/16/2014. 6/16/2014 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
GLENN SEGAL,
:
Plaintiff,
:
:
CIVIL ACTION
v.
:
:
NO. 13-7493
SAMUEL ZIELENIEC, et al.,
:
Defendants.
:
ORDER
AND NOW, this 16th day of June 2014, upon consideration of Defendants’ Motions to
Dismiss (Doc. Nos. 7 & 8) and Plaintiff’s Response thereto and for the reasons stated in the
accompanying Memorandum Opinion, it is hereby ORDERED that:
1.
Defendant Samuel Zieleniec’s Motion to Dismiss, insofar as it alleges want of
personal jurisdiction is DENIED;
2.
Defendant Samuel Zieleniec’s Motion to Dismiss, insofar as it alleges that the
Complaint fails to state a claim on which relief may be granted is DENIED without prejudice
to his right to file a renewed Motion to Dismiss addressing choice of law;
3.
Defendant Henry Zieleniec’s Motion to Dismiss is GRANTED, and the
Complaint is dismissed with respect to him for lack of personal jurisdiction;
4.
Within 14 days of the entry of this Order, Plaintiff shall submit to this Court a
status report informing the Court and defense counsel whether he intends to pursue his claims in
this Court against Samuel Zieleniec or whether he will dismiss this case and refile in a forum that
has jurisdiction over both Defendants;
4.
Within 28 days of the entry of this Order, if the case is not voluntarily dismissed,
Defendant Samuel Zieleniec shall answer or otherwise respond to the Complaint; if he renews
his Motion to Dismiss, he shall include argument on whether and to what extent Israeli law
applies to this dispute.
IT IS SO ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.