KALAN et al v. FARMERS & MERCHANTS TRUST COMPANY OF CHAMBERSBURG et al

Filing 111

ORDER THAT DEFT SAMUELS, YOELIN KANTOR, LLP'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION IS DENIED. DEFT SYK'S MOTION TO SEVER IS DENIED. DEFT SYK'S MOTION TO DISMISS PLFF'S COMPLAINT FOR FAILURE TO STATE A CLAIM IS DENIE D AS TO COUNT VII. DEFT SYK'S MOTION TO DISMISS PLFF'S COMPLAINT FOR FAILURE TO STATE A CLAIM IS GRANTED AS TO COUNTS III AND IV. SIGNED BY HONORABLE WENDY BEETLESTONE ON 12/3/15. 12/4/15 ENTERED AND COPIES E-MAILED AND MAILED TO PRO SE AND UNREPRESENTED PARTIES.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
HARVEY KALAN, M.D., THE HARVEY
KALAN, M.D., INC. EMPLOYEE
WELFARE BENEFIT PLAN, PAMELA K.
ERDMAN, M.D., THE DE. PAMELA K.
ERDMAN, M.D., INC. EMPLOYEE
WELFARE BENEFIT PLAN, GRETCHEN
CASTELLANO, DR. MARTIN ZENNI,
DR. ELISSA ZENNI and THE M&E
ZENNI INC., WELFARE BENEFIT PLAN,
Plaintiffs,

CIVIL ACTION

NO. 15-1435

v.
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
LAWRENCE KORESKO, KORESKO
FINANCIAL, LLP, FREEDOM
BROKERS, LLC, PENNMONT
BENEFITS, INC., DEON DANIEL,
LINCOLN NATIONAL CORPORATION,
SAMUELS, YOELIN KANTOR, LLP,
JEFFREY NIEMAN, LOCKE LORD
BISSELL & LIDDELL, LLP, ANDERSON
KILL & OLICK, P.C., CHAPLIN &
DRYSDALE, GATES HALBRUNER &
HATCH, CHRISTIE PARABUE MORTEN
& YOUNG, JEFFERSON GOVERNMENT
RELATIONS, THEODORE HOBSON,
BONNIE KORESKO and JOHN DOE
COMPANIES 1-50,
Defendants.
ORDER
AND NOW, this 3rd day of December, 2015, upon consideration of Defendant Samuels,
Yoelin Kantor, LLP (“SYK”) Motion to Dismiss the Complaint [ECF No. 37]; and the Plaintiffs’
Response in Opposition thereto [ECF No. 45]; IT IS ORDERED that:
1. Defendant SYK’s Motion to Dismiss for lack of personal jurisdiction is DENIED.
2. Defendant SYK’s Motion to Sever is DENIED.

3. Defendant SYK’s Motion to Dismiss Plaintiff’s Complaint for failure to state a claim is
DENIED as to Count VII.
4. Defendant SYK’s Motion to Dismiss Plaintiff’s Complaint for failure to state a claim is
GRANTED as to Counts III and IV.
BY THE COURT:
/s/ Wendy Beetlestone
_______________________________
WENDY BEETLESTONE, J.

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