MALONE et al v. WEISS, et al

Filing 41

ORDER THAT UPON CONSIDERATION OF DEFENDANTS' MOTION TO DISMISS 26 , IT IS HEREBY ORDERED THAT PLAINTIFF'S MOTION IS GRANTED IN PART AND DENIED IN PART, ETC. SIGNED BY HONORABLE WENDY BEETLESTONE ON 2/12/18. 2/12/18 ENTERED AND COPIES E-MAILED.(ti, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOHN MALONE AND VERONICA MALONE AND AHLESE, LLC, Plaintiffs, CIVIL ACTION v. NO. 17-1694 HOWARD WEISS AND WENDY WEISS, Defendants. ORDER AND NOW, this 12th day of February, 2018 upon consideration of Defendants’ Motion to Dismiss (ECF No. 26), Plaintiff’s Response in Opposition (ECF No. 31), and Defendants’ Reply thereto (ECF No. 32), IT IS HEREBY ORDERED that Plaintiff’s Motion is GRANTED IN PART AND DENIED IN PART as follows: (a) Defendants’ Motion to Dismiss Counts Three and Four (breach of contract and piercing the corporate veil) is GRANTED. Counts Three and Four are DISMISSED WITHOUT PREJUDICE. Plaintiffs shall have 7 days from the date of this Order to file a Second Amended Complaint, consistent with the accompanying Memorandum Opinion. (b) Defendants’ Motion to Dismiss Count Five (fraudulent inducement) is GRANTED. Count Five is DISMISSED WITH PREJUDICE. (c) Defendants’ Motion to Dismiss Count Six (conversion) is DENIED. BY THE COURT: /s/Wendy Beetlestone, J. _______________________________ WENDY BEETLESTONE, J.

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