BROEDERDORF v. BACHELER

Filing 14

ORDER THAT DEFENDANT'S MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. PLAINTIFF IS GRANTED LEAVE TO AMEND HIS COMPLAINT BY NO LATER THAN 9/21/15; ETC.. SIGNED BY HONORABLE STEWART DALZELL ON 9/14/15. 9/14/15 ENTERED AND E-MAILED.(jl, )

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

DAVID BROEDERDORF
v.
ROBERT BACHELER

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CIVIL ACTION

NO. 15-2117

ORDER
AND NOW, this 14th day of September, 2015, upon consideration of defendant
Robert Bacheler’s motion to dismiss (docket entry #3) and memorandum in support thereof, and
plaintiff David Broederdorf’s response in opposition thereto, and for the reasons stated in the
accompanying Memorandum, it is hereby ORDERED that:
1.

Defendant’s motion to dismiss is GRANTED IN PART AND DENIED IN

2.

Defendant’s motion to dismiss is GRANTED in regards to plaintiff’s

PART;

equitable estoppel claim;
3.

Plaintiff’s equitable estoppel claim is DISMISSED WITHOUT

4.

Defendant’s motion to dismiss is DENIED in regards to plaintiff’s breach

PREJUDICE;

of contract, breach of contract-third party beneficiary, breach of implied covenant of good faith
and fair dealing, breach of fiduciary duty, conversion, fraud in the inducement, and unjust
enrichment claims;
5.

Plaintiff is GRANTED LEAVE TO AMEND his complaint by no later

than noon on September 21, 2015 if he can do so conformably with Fed. R. Civ. P. 11; and

6.

Defendant Robert Bacheler shall ANSWER or appropriately RESPOND

to plaintiff’s amended complaint no later than fourteen days after being served with the amended
complaint.

BY THE COURT:

_/s/ Stewart Dalzell, J.
Stewart Dalzell, J.