VANTAGE LEARNING (USA), LLC v. EDGENUITY, INCORPORATED

Filing 24

ORDER THAT THE MOTION IS GRANTED. COUNTS II AND III OF THE SECOND AMENDED COMPLAINT ARE DISMISSED WITH PREJUDICE AND COUNT IV IS DISMISSED WITH PREJUDICE TO THE EXTENT PLAINTIFF SEEKS STATUTORY DAMAGES AND COUNSEL FEES. DEFENDANT WILL ANSWER THE REMAINING CLAIM IN THE SECOND AMENDED COMPLAINT NO LATER THAN 4/14/2017.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/30/2017. 3/31/2017 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
VANTAGE LEARNING USA, LLC
:
Plaintiff,
:
:
v.
:
CIVIL ACTION NO. 16-4983
:
EDGENUITY, INCORPORATED
:
Defendant.
:

ORDER
AND NOW, this 30th day of March 2017, upon consideration of Defendant’s Motion to
Dismiss Counts II, III, and IV of Plaintiff’s Second Amended Complaint (Doc. No. 17), the
briefing in support thereof, and the response thereto, it is hereby ORDERED that the motion is
GRANTED for the reasons set forth in the accompanying memorandum opinion. Counts II and
III of the Second Amended Complaint are DISMISSED WITH PREJUDICE, and Count IV is
DISMISSED WITH PREJUDICE to the extent Plaintiff seeks statutory damages and counsel
fees.
Defendant will ANSWER the remaining claim in the Second Amended Complaint no
later than April 14, 2017.

It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.