SSC MANAGER, LLC v. VENEZIA FC 1907 LP et al

Filing 33

ORDER RE: MOTION TO DISMISS ANSWER, COUNTERCLAIM, AND THIRD PARTY COMPLAINT: COUNT I OF THE ACC IS DISMISSED ONLY AS TO THE REPRESENTATION THAT SSC HAD THE ABILITY TO FUND THE FULL REMAINING AMOUNT OF THE SERIES B ROUND WITHOUT RAISING ANY FUNDS FROM INVESTORS OR THIRD PARTIES, WITH LEAVE TO AMEND, BUT THE MOTION IS OTHERWISE DENIED AS TO COUNT I; COUNT II OF THE ACC IS DISMISSED, WITH PREJUDICE; COUNT III OF THE ACC IS DISMISSED, ONLY AS TO KIMMEL, WITH PREJUDICE, BUT THE MOTION IS OTHERWISE DENIED AS TO COUNT III; COUNT IV OF THE ACC IS DISMISSED, WITH LEAVE TO AMEND. ANY AMENDMENTS MUST BE MADE WITHIN FOURTEEN (14) DAYS. SIGNED BY JUDGE WENDY BEETLESTONE FOR HONORABLE MICHAEL M. BAYLSON ON 7/27/17. 7/28/17 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SSC MANAGER, LLC, d/b/a SeventySix
Capital
CIVIL ACTION
v.
NO. 17-1042
VENEZIA FC 1907 LP, VENEZIA FC
1907 GP, and VENEZIA F.C. S.R.L.D.

ORDER RE: MOTION TO DISMISS ANSWER, COUNTERCLAIM, AND THIRD PARTY
COMPLAINT
AND NOW, this 27th day of July, 2017, having considered the Motions to Dismiss the Answer,
Counterclaim, and Third Party Complaint (“ACC”) (ECF 10) of Defendants Ryan Howard, Jon
Powell, SSC Manager, LLC (“SSC”), and Wayne Kimmel (ECF 22, 23), and all responses and replies
thereto, and for the reasons explained in the foregoing memorandum, it is hereby ORDERED that:
1. Count I of the ACC is DISMISSED only as to the representation that SSC had the ability to
fund the full remaining amount of the Series B round without raising any funds from investors
or third parties, with leave to amend, but the Motion is otherwise DENIED as to Count I;
2. Count II of the ACC is DISMISSED, with prejudice;
3. Count III of the ACC is DISMISSED, only as to Kimmel, with prejudice, but the Motion is
otherwise DENIED as to Count III;
4. Count IV of the ACC is DISMISSED, with leave to amend.
5. Any amendments must be made within fourteen (14) days.

BY THE COURT:
/s/ Wendy Beetlestone FOR:
__________________________
Michael M. Baylson, U.S.D.J.
O:\CIVIL 17\17-1042 SSC Manager v Venezia\17cv1042 Order re MTD.docx