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, )

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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. 2

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