ARSENAL, INC. et al v. AMMONS et al

Filing 36

ORDER of MEMORANDUM AND/OR OPINION TO FOLLOW that THE AMMONS DEFENDANTS MOTION TO DISMISS (ECF NO. 11) IS GRANTED IN PART AND DENIED IN PART. SPECIFICALLY:.... SIGNED BY HONORABLE ANITA B. BRODY ON 11/26/2014. 11/26/2014 ENTERED AND COPIES VIA ECF.(mo, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ARSENAL, INC., t/a ARSENAL
ASSOCIATES; and 5301 LLC.,
Plaintiffs,
v.
LARRY AMMONS; PETER
AMMONS; MELISSA
BULLARD; BEN AMMONS,
AMMONS SUPERMARKET
LLC; and WAKEFERN FOOD
CORPORATION,
Defendants.

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CIVIL ACTION
No. 14-1289

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ORDER

AND NOW, this ____26th ____ day of ____November_______, 2014, it is ORDERED
that the Ammons Defendants’ Motion to Dismiss (ECF No. 11) is GRANTED IN PART AND
DENIED IN PART. Specifically:


Count I (Promissory Estoppel) is DISMISSED against Larry Ammons, Peter
Ammons, Ben Ammons, Melissa Bullard, and Ammons Supermarket LLC.



Count II (Tortious Interference with Prospective Contractual Relations) is
DISMISSED against Ben Ammons and Melissa Bullard.



Count III (Fraud) is DISMISSED against Ben Ammons and Melissa Bullard.



Count IV (Negligent Misrepresentation) is DISMISSED against Larry Ammons,
Peter Ammons, Ben Ammons, Melissa Bullard, and Ammons Supermarket LLC.



Count V (Unfair Competition) is DISMISSED against Larry Ammons, Peter
Ammons, Ben Ammons, Melissa Bullard, and Ammons Supermarket LLC.



Count VI (Civil Conspiracy) is DISMISSED against Larry Ammons, Peter

Ammons, Ben Ammons, Melissa Bullard, and Ammons Supermarket LLC.
It is FURTHER ORDERED that the Wakefern Food Corporation’s Motion to Dismiss
(ECF No. 12) is GRANTED IN PART AND DENIED IN PART. Specifically, as to defendant
Wakefern Food Corporation:


Count I (Promissory Estoppel) is DISMISSED.



Count IV (Negligent Misrepresentation) is DISMISSED.



Count V (Unfair Competition) is DISMISSED.



Count VI (Civil Conspiracy) is DISMISSED.

The following claims remain:


Count II (Tortious Interference with Prospective Contractual Relations) against
Wakefern Food Corporation, Ammons Supermarket LLC, Larry Ammons, and
Peter Ammons.



Count III (Fraud) against Wakefern Food Corporation, Ammons Supermarket
LLC, Larry Ammons, and Peter Ammons.

A memorandum opinion explaining this Order will follow.
s/Anita B. Brody
____________________________________
ANITA B. BRODY, J.

Copies VIA ECF on _________ to:

Copies MAILED on _______ to: