RILEY et al v. HESSEL et al

Filing 22

MEMORANDUM ORDER THAT DEFENDANTS' MOTION TO DISMISS THE AMENDED COMPLAINT (DOC. NO. 16 ) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. DEFENDANTS SHALL FILE AN ANSWER TO PKE'S AMENDED COMPLAINT ON OR BEFORE 4/28/2015. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/14/2015.4/14/2015 ENTERED AND COPIES E-MAILED.(amas)

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

PAUL C. RILEY and PREFERRED
KITCHEN EQUIPMENT, INC.

CIVIL ACTION

v.
N0.14-4208
JEFF HESSEL and B.S.E KEYSTONE

ORDER
AND NOW, this 9th day of April 2015, upon consideration of Defendants' Motion to
Dismiss the Amended Complaint (ECF Doc. No. 16), Plaintiffs' Opposition (ECF Doc. No. 19)
and Defendants' Reply (ECF Doc. No .20), along with supporting declarations and certifications
regarding personal jurisdiction and as described in the accompanying Memorandum,
It is hereby ORDERED that Defendants' Motion is GRANTED in part and DENIED

in part:
1.

Defendant Jeff Hessel's ("Hessel") motion to dismiss for lack of personal

jurisdiction is DENIED;
2.

Defendants' motion to dismiss all claims brought by individual Plaintiff Paul C.

Riley ("Riley") is GRANTED;

3.

Defendants' motion to dismiss contract claims in Counts I, III and IV is DENIED

without prejudice for renewal on the choice of law issues following discovery;
4.

Defendants' motion to dismiss tortious interference with an alleged December 23,

2010 contract between PKE and non-party Jennifer Healy ("Healy") (Counts II and V) is
DENIED;

5.

Defendants' motion to dismiss the unjust enrichment claim (Count VI) is

DENIED;.

6.

Defendants shall file an Answer to PK.E's Amended Complaint on or before

April 23, 2015.

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