MALLORY v. S & S PUBLISHERS et al

Filing 76

ORDER THAT DEFENDANTS MOTION TO DISMISS (DOC. NO. 65 ) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: DEFENDANTS MOTION TO DISMISS IS GRANTED WITH RESPECT TO PLAINTIFFS COMMERCIAL DISPARAGEMENT-INJURIOUS CONDUCT CLAIM AND PART OF PLAINTIFFS DEFA MATION CLAIM. DEFENDANTS MOTION TO DISMISS IS DENIED WITH RESPECT TO PLAINTIFFS DEFAMATION PER SE CLAIM, PLAINTIFFS FALSE LIGHT CLAIM, AND PART OF PLAINTIFFS DEFAMATION CLAIM. DEFENDANTS ARE ORDERED TO FILE AN ANSWER TO PLAINTIFFS REMAINING CLAIMS WITHIN FOURTEEN (14) DAYS FROM THE ENTRY OF THIS ORDER. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 3/9/16. 3/10/16 ENTERED AND COPIES E-MAILED. (va, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CAROLE MALLORY, Plaintiff, CIVIL ACTION NO. 14-5702 v. S & S PUBLISHERS, et al., Defendants. ORDER AND NOW, this 9th day of March, 2016, upon consideration of Plaintiff’s Fourth Amended Complaint (Doc. No. 61), the Motion to Dismiss (Doc. No. 65), the Response in Opposition to the Motion to Dismiss (Doc. No. 70), the Reply (Doc. No. 72), and the pertinent sections of Norman Mailer: A Double Life, and in accordance with the Opinion issued by the Court on this day, it is ORDERED that Defendants’ Motion to Dismiss (Doc. No. 65) is GRANTED IN PART and DENIED IN PART as follows: 1. Defendants’ Motion to Dismiss is GRANTED with respect to Plaintiff’s Commercial Disparagement-Injurious Conduct claim and part of Plaintiff’s defamation claim. 2. Defendants’ Motion to Dismiss is DENIED with respect to Plaintiff’s defamation per se claim, Plaintiff’s false light claim, and part of Plaintiff’s defamation claim. 3. Defendants are ORDERED to file an Answer to Plaintiff’s remaining claims within fourteen (14) days from the entry of this Order. BY THE COURT: / s / J oel H. S l om s k y JOEL H. SLOMSKY, J.

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