WEN v. WILLIS et al

Filing 33

ORDER THAT UPON CONSIDERATION OF THE DEFENDANTS ROBERT E. WILLIS, FOXCODE, INC., AND FOXCODE CAPITAL MARKETS, LLC'S MOTION TO DISMISS THE AMENDED COMPLAINT'S REPLED BREACH OF FIDUCIARY DUTY CLAIM 24 , PLAINTIFF HANDONG WEN'S RESPONSE IN OPPOSITION THERETO 28 , AND THE DEFENDANTS' REPLY 29 , AND FOR THE REASONS PROVIDED IN THE COURT'S OPINION OF OCTOBER 22, 2015, IT IS ORDERED AS FOLLOWS: (1)THE MOTION TO DISMISS COUNT VII (BREACH OF FIDUCIARY DUTY) AGAINST DEFENDANT F OXCODE CAPITAL MARKETS IS DENIED; (2)THE MOTION TO DISMISS COUNT VII (BREACH OF FIDUCIARY DUTY) AGAINST DEFENDANTS ROBERT E. WILLIS AND FOXCODE INC. IS GRANTED; COUNT VII OF THE PLAINTIFF'S COMPLAINT IS DISMISSED WITH PREJUDICE AGAINST DEFENDANT S ROBERT E. WILLIS AND FOXCODE INC; AND (3)DEFENDANTS SHALL ANSWER PLAINTIFF'S AMENDED COMPLAINT WITHIN THE TIME PROVIDED BY THE FEDERAL RULES OF CIVIL PROCEDURE. SIGNED BY HONORABLE WENDY BEETLESTONE ON 10/22/15. 10/22/15 ENTERED AND COPIES E-MAILED.(gs)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

HANDONG WEN,
Plaintiff,
CIVIL ACTION
v.
NO. 15-1328
ROBERT E. WILLIS and FOXCODE, INC.,
Defendants.

ORDER
AND NOW, this 22nd day of October, 2015, upon consideration of the Defendants
Robert E. Willis, Foxcode, Inc., and Foxcode Capital Markets, LLC’s Motion to Dismiss the
Amended Complaint’s Repled Breach of Fiduciary Duty Claim [ECF No. 24]; Plaintiff Handong
Wen’s response in opposition thereto [ECF No. 28]; and the Defendants’ Reply [ECF No. 29],
and for the reasons provided in the Court’s Opinion of October 22, 2015, IT IS ORDERED as
follows:
(1)

the motion to dismiss Count VII (breach of fiduciary duty) against Defendant
Foxcode Capital Markets is DENIED;

(2)

the motion to dismiss Count VII (breach of fiduciary duty) against Defendants
Robert E. Willis and Foxcode Inc. is GRANTED; Count VII of the Plaintiff’s
Complaint is DISMISSED WITH PREJUDICE against Defendants Robert E.
Willis and Foxcode Inc.; and

(3)

Defendants SHALL ANSWER Plaintiff’s Amended Complaint within the time
provided by the Federal Rules of Civil Procedure.

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