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, )
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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