MALLORY v. S & S PUBLISHERS et al
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, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
S & S PUBLISHERS, et al.,
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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