FLICK v. CHARTWELL ADVISORY GROUP LTD. et al

Filing 29

ORDER THAT THE MOTION TO DISMISS IS GRANTED. COUNTS I-IV OF THE COMPLAINT ARE DISMISSED WITHOUT PREJUDICE. DEFENDANT STEPHEN DEVINEY'S ERISA CROSS-CLAIMS IN COUNTS I AND II ARE DISMISSED WITHOUT PREJUDICE. COUNTS V-XII OF THE COMPLAINT, DEVINEY& #039;S COUNTERCLAIM COUNTS I AND II, DEVINEY'S CROSS-CLAIM COUNTS III AND IV, AND CHARTWELL ADVISORY GROUP LTD, LAWRENCE KENT, MAURICE KENT, AND LAWRENCE PALMER'S CROSS-CLAIM COUNTS I-II ARE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION. PLAINTIFF MAY FILE AN AMENDED COMPLAINT ON OR BEFORE 7/16/2015. SIGNED BY HONORABLE GERALD J. PAPPERT ON 7/2/2015. 7/2/2015 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
WILLIAM O. FLICK, JR.,
CIVIL ACTION
NO. 14-06953

Plaintiff,
v.
CHARTWELL ADVISORY GROUP LTD.
et al.,
Defendants.

ORDER
AND NOW, this 2nd day of July, 2015, upon consideration of Defendants Chartwell
Advisory Group LTD., Lawrence Kent, Maurice Kent, and Lawrence Palmer’s Motion to
Dismiss, (ECF No. 7), Plaintiff’s opposition, (ECF No. 11), Defendants’ Reply (ECF No. 12),
and Plaintiff’s Sur-Reply (ECF No. 16), it is ORDERED that the Motion to Dismiss is
GRANTED. It is further ORDERED that:
1. Counts I-IV of the complaint are dismissed without prejudice.
2. Defendant Stephen Deviney’s ERISA cross-claims in Counts I and II are dismissed
without prejudice.
3. Counts V-XII of the complaint, Deviney’s counterclaim Counts I and II, Deviney’s
cross-claim Counts III and IV, and Chartwell Advisory Group LTD, Lawrence Kent,
Maurice Kent, and Lawrence Palmer’s cross-claim Counts I-II are dismissed for lack
of subject matter jurisdiction.
4. Plaintiff may file an amended complaint on or before July 16, 2015.

BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.