JACOBS v. HALPER et al

Filing 55

MEMORANDUM AND ORDER THAT THE GREY FLANNEL DEFENDANTS' MOTION IS GRANTED; ALL CLAIMS AGAINST THE GREY FLANNEL DEFENDANTS ARE DISMISSED WITH PREJUDICE; THE SOTHEBY'S DEFENDANTS' AND THE HALPER DEFENDANTS' MOTIONS ARE GRANTED IN PAR T AND DENIED IN PART; THE MOTIONS TO DISMISS PLAINTIFF'S FRAUD AND MISREPRESENTATION CLAIM (COUNT I) ARE DENIED; PLAINTIFF'S CLAIM FOR NEGLIGENT MISREPRESENTATION (COUNT II) IS DISMISSED WITH PREJUDICE; PLAINTIFF'S CLAIM FOR VIOLATIONS OF NEW YORK GENERAL BUSINESS CODE SECTION 349 (COUNT III) ARE DISMISSED WITH PREJUDICE; PLAINTIFF'S CLAIM FOR VIOLATIONS OF PENNSYLVANIA'S UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW, 72 PA. CONS. STAT. SECTION 201-1 ET SEQ (COUNT IV) IS DISMISSED WITH PREJUDICE; PLAINTIFF'S CLAIM FOR UNJUST ENRICHMENT (COUNT V) IS DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE WENDY BEETLESTONE ON 7/22/15. 7/22/15 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MICHAEL JACOBS,
Plaintiff,

CIVIL ACTION

v.
SHARON HALPER; BARRY HALPER;
INC.; SOTHEBY’S, INC.; SOTHEBY
PARKE BERNET, INC.; SOTHEBY
HOLDINGS; SOTHEBY’S; GREY
FLANNEL AUCTIONS, INC.; GREY
FLANNEL COLLECTIBLES, INC.,
Defendants.

NO. 14-6515

ORDER
AND NOW, this 22nd day of July, 2015, upon consideration of Defendants Sharon
Halper and Barry Halper, Inc.’s (jointly, the “Halper Defendants”) Motion to Dismiss Plaintiff’s
Amended Complaint (ECF No. 27); Defendants Sotheby’s, Inc., Sotheby Parke Bernet, Inc.,
Sotheby’s Holdings, and Sotheby’s (jointly, the “Sotheby’s Defendants”) Motion to Dismiss
Plaintiff’s Amended Complaint (ECF No. 28); the Motion of Defendants Grey Flannel
Collectibles, Inc. and Grey Flannel Auctions, Inc. (jointly, the “Grey Flannel Defendants”)
Motion to Dismiss Plaintiff’s Amended Complaint (ECF NO. 32); the Plaintiff’s responses
thereto (ECF Nos. 39, 40, and 41); and the parties supplemental letter briefs (ECF Nos. 48, 49,
and 50), IT IS ORDERED that:
1.

The Grey Flannel Defendants’ Motion is GRANTED; all claims against the Grey
Flannel Defendants are DISMISSED WITH PREJUDICE;

2.

The Sotheby’s Defendants’ and the Halper Defendants’ Motions are GRANTED
IN PART AND DENIED IN PART;
a. The Motions to dismiss Plaintiff’s fraud and misrepresentation claim (Count I)
are DENIED;
b. Plaintiff’s claim for negligent misrepresentation (Count II) is DISMISSED
WITH PREJUDICE;

c. Plaintiff’s claim for violations of New York General Business Code Section 349
(Count III) are DISMISSED WITH PREJUDICE;
d. Plaintiff’s claim for violations of Pennsylvania’s Unfair Trade Practices and
Consumer Protection Law, 72 Pa. Cons. Stat. § 201-1 et seq (Count IV) is
DISMISSED WITH PREJUDICE;
e. Plaintiff’s claim for unjust enrichment (Count V) is DISMISSED WITH
PREJUDICE;
BY THE COURT:
/S/WENDY BEETLESTONE, J.
_______________________________
WENDY BEETLESTONE, J.

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