XTREME CAGED COMBAT et al v. CAGE FURY FIGHTING CHAMPIONSHIPS et al

Filing 75

ORDER THAT DEFENDANTS MOTION TO DISMISS (DOC. NO. 47 , 48 , 53 ) ARE GRANTED IN PART. COUNTS 2, 3 AND 4 ARE DISMISSED WITH PREJUDICE AS TO VALLEY FORGE CASINO RESORT, CHESTER DOWNS & MARINA LLC AND JOEL FREEDMAN. THE MOTIONS TO DISMISS ARE OTHERWI SE DENIED. RYAN KERWIN'S LEGAL REPRESENTATIONS OF XCC IS A CONTINUING VIOLATION OF THE RULES OF PROCEDURE AND THE PREVIOUS ORDERS OF THIS COURT, THESE CONTINUING VIOLATIONS COULD LEAD TO A FINDING OF CONTEMPT. APPROPRIATE SANCTIONS FOR CONTEMPT MAY INCLUDE DISMISSAL OF THE COMPLAINT WITH PREJUDICE. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 5/29/2015. 5/29/2015 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
XTREME CAGED COMBAT, et al,
Plaintiff,
v.
CAGE FURY FIGHTING
CHAMPIONSHIPS, et. al.
Defendant.

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CIVIL ACTION
14-5159

ORDER
AND NOW, this 29th day of May 2015, upon consideration of defendant Valley
Forge Casino Resort’s motion to dismiss (doc. no. 47), defendant Chester Downs and
Marina, LLC’s motion to dismiss (doc. no. 48, 53), defendant Joel Freedman’s joinder in
Valley Forge’s motion to dismiss (doc. no. 56), plaintiffs’ responses thereto (doc. nos. 50,
61), and upon further consideration of defendants’ replies (doc. nos. 63, 67), and
plaintiffs’ surreplies (doc. nos. 64, 68, 69), IT IS HEREBY ORDERED that:
1.

Defendants’ motions to dismiss (doc. nos. 47, 48, 53) are GRANTED in

2.

Counts 2, 3 and 4 are DISMISSED WITH PREJUDICE as to Valley

part.

Forge Casino Resort, Chester Downs & Marina LLC and Joel Freedman.
3.

The motions to dismiss are otherwise DENIED.

4.

Ryan Kerwin’s legal representation of XCC is a continuing violation of the

rules of procedure and the previous orders of this court. These continuing violations
could lead to a finding of contempt. Appropriate sanctions for contempt may include
dismissal of the complaint with prejudice.
BY THE COURT
/s/ L. Felipe Restrepo for
LAWRENCE F. STENGEL, J.