QVC, INC. v. RESULTLY, LLC

Filing 92

ORDER THAT DEFENDANTS' MOTION TO DISMISS ARE GRANTED IN PART AND DENIED IN PART, ETC. SIGNED BY HONORABLE WENDY BEETLESTONE ON 2/9/16. 2/10/16 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
QVC, INC.,

CIVIL ACTION
Plaintiff,
v.

RESULTLY, LLC,

NO. 14-6714
Defendant.
ORDER

AND NOW, this 9th day of February, 2016, upon consideration of Defendant Resultly
LLC’s Motion to Dismiss Plaintiff QVC, Inc.’s Amended Complaint (ECF No. 60), the
opposition thereto (ECF No. 63), Defendant Resultly’s Reply (ECF No. 73), and the Plaintiff’s
Sur-Reply (ECF No. 77); Defendant Ilya Beyrak’s Motion to Dismiss [Plaintiff’s] QVC, Inc.’s
Amended Complaint (ECF No. 76); the opposition thereto (ECF No. 81), and Defendant
Beyrak’s reply (ECF No. 82); VigLink’s Motion to Dismiss Plaintiff’s Amended Complaint
(ECF No. 78), the opposition thereto (ECF No. 83), and Defendant VigLink’s reply (ECF No.
88); and oral argument, IT IS ORDERED that:
1. Defendants’ motions to dismiss are GRANTED IN PART AND DENIED IN
PART:
a. The motions to dismiss Count I are GRANTED. Count I is DISMISSED against
all Defendants;
b. The motions to dismiss Count II are DENIED as to Defendants Resultly and
Beyrak and GRANTED as to Defendant VigLink. Count II is DISMISSED
against Defendant VigLink;
c. The motions to dismiss Count III are DENIED as to Defendants Resultly and
Beyrak and GRANTED as to Defendant VigLink. Count III is DISMISSED
against Defendant VigLink;
d. The motions to dismiss Count IV are DENIED as to Defendants Resultly and
Beyrak and GRANTED as to Defendant VigLink. Count IV is DISMISSED
against Defendant VigLink;

e. The motions to dismiss Count V are GRANTED. Count V is DISMISSED
against all Defendants;
f. The motions to dismiss Counts VI–IX are GRANTED. Counts VI–IX are
DISMISSED against all Defendants;
g. The motions to dismiss Count X are GRANTED as to Defendant Resultly and
DENIED as to Defendant VigLink. Count X is DISMISSED against Defendant
Resultly;
h. The motion to dismiss Count XI is DENIED;
i. The motions to dismiss Count XII are GRANTED. Count XII is DISMISSED
against Defendants Resultly and VigLink;
j. The motions to dismiss Count XIII are GRANTED as to Defendant Resultly and
DENIED as to Defendant VigLink. Count XIII is DISMISSED against
Defendant Resultly;
k. The motion to dismiss Count XIV is GRANTED. Count XIV is DISMISSED;
l. The motions to dismiss Count XV are GRANTED as to Defendant Resultly and
DENIED as to Defendant VigLink. Count XV is DISMISSED against
Defendant Resultly; and
m. The motion to dismiss Count XVI is DENIED.

BY THE COURT:
/S/WENDY BEETLESTONE, J.

WENDY BEETLESTONE, J.