CEMENT MASONS' UNION LOCAL NO. 592 PENSION FUND et al v. PERMAFLOOR, LLC et al

Filing 26

ORDER THAT THE MOTION OF CEMENT MASONS UNION LOCAL NO.592 TO DISMISS DEFENDANTS COUNTERCLAIM IS GRANTED AS TO COUNT II OF THE COUNTERCLAIM. THE MOTION TO DISMISS IS OTHERWISE IS DENIED. THE MOTION OF ALL PLAINTIFFS TO STRIKE DEFENDANTS COUNTERCLAIM IS DENIED; ETC.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/10/18. 1/10/18 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CEMENT MASONS’ UNION LOCAL NO.
NO. 592 PENSION FUND, et al.
v.
PERMAFLOOR, LLC, et al.

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CIVIL ACTION

NO. 17-597

ORDER
AND NOW, this 10th day of January, 2018, for the
reasons set forth in the accompanying memorandum, it is hereby
ORDERED that:
(1)

the motion of Cement Masons’ Union Local No. 592

to dismiss defendants’ counterclaim (Doc. # 17) is GRANTED as to
Count II of the counterclaim, which alleges fraud in the
inducement;
(2)

the motion to dismiss is otherwise DENIED; and

(3)

and the motion of all plaintiffs to strike

defendants’ counterclaim (Doc. # 18) is DENIED.
BY THE COURT:

/s/ Harvey Bartle III
J.