PATEL v. PATEL et al

Filing 20

ORDER THAT DEFTS' MOTION TO DISMISS (DOC. NO. 13) IS GRANTED IN PART AND DENIED IN PART, ETC. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 5/25/16. 5/25/16 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SURATKUMAR PATEL,
Plaintiff,
v.
ROHIT PATEL, et al.
Defendants.

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CIVIL ACTION

No. 14-5845

ORDER
AND NOW, this 25th day of May, 2016, upon consideration of “Defendants Rohit and
Pushpa Patel’s Motion to Dismiss” (Doc. No. 13), Plaintiff’s Response thereto (Doc. No. 14),
and Defendants’ Reply (Doc. No. 17), and for the reasons set forth in this Court’s accompanying
Memorandum Opinion, it is hereby ORDERED that Defendants’ Motion is GRANTED in part
and DENIED in part as follows:
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The Motion is GRANTED such that Plaintiff’s claim for Conversion (Count I) is
DISMISSED because it is barred by the “Gist of the Action” Doctrine.

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The Motion is GRANTED such that Plaintiff’s claim for Fraudulent Misrepresentation
(Count II) is DISMISSED against Defendant Pushpa Patel for failure to state a claim
under Federal Rules of Civil Procedure 9(b) and 12(b)(6).

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The Motion is DENIED in all other respects.

BY THE COURT:
/s/ Mitchell S. Goldberg
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MITCHELL S. GOLDBERG, J.