ZINMAN v. VANTAGE LEARNING, LLC et al

Filing 44

MEMORANDUM OPINION ORDER THAT PLAINTIFF'S MOTION TO DISMISS DEFENDANTS' COUNTERCLAIMS AND TO STRIKE SCANDALOUS ALLEGATIONS (DOC. NO. 34 ), IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE WENDY BEETLESTONE ON 1/30/2017. 1/30/2017 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MATTHEW ZINMAN,
Plaintiff,

CIVIL ACTION

v.
VANTAGE LEARNING, LLC,
VANTANGE LEARNING (USA), LLC,
MCCAN ASSOCIATES, INC., BRIAN
GIBNEY AND PETER MURPHY,
Defendants.

NO. 16-2068

ORDER
AND NOW, this 30th day of January, 2017, upon consideration of Plaintiff’s Motion to
Dismiss Defendants’ Counterclaims and to Strike Scandalous Allegations (ECF No. 34) and
Defendant McCann’s Response in Opposition thereto (ECF No. 35), IT IS HEREBY
ORDERED that:
1) Plaintiff’s Motion to Dismiss McCann’s Counterclaims is GRANTED with respect to the
unjust enrichment counterclaim and DENIED with respect to the fraud and breach of
contract counterclaims;
2) Plaintiff’s Motion to Strike Scandalous Allegations is GRANTED in part and DENIED
in part as follows:
a. The Motion is GRANTED with respect to Exhibits D to T (ECF Nos. 31-4, 31-5,
31-6, 31-7, 31-8, 31-9, 31-10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-17,
31-18, 31-19, and 31-20); and
b. The Motion is DENIED with respect to Exhibits A to C (ECF Nos. 31-1, 31-2,
and 31-3).

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