GIULIANI v. POLYSCIENCES INC.

Filing 15

ORDER THAT DEFT'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO STRIKE DKT. NO. 11, IS GRANTED IN PART & DENIED IN PART AS FOLLOWS: DEFT'S MOTION TO STRIKE IS GRANTED & PARAGRAPHS 34-37, 39(g) & 41-44 ARE DISMISSED WITH PREJUDICE. DEFT' S MOTION TO DISMISS COUNTS I & II OF THE COMPLAINT IS DENIED. DEFT'S MOTION TO DISMISS COUNT III OF THE COMPLAINT IS GRANTED & THIS CLAIM IS DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 7/31/17. 7/31/17 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THOMAS GIULIANI
v.
POLYSCIENCES, INC.

:
:
:
:
:

CIVIL ACTION
NO. 17-1705

ORDER
AND NOW, this 31st day of July, 2017, upon consideration of defendant Polysciences,
Inc.’s motion to dismiss or, in the alternative, to strike, Dkt. No. 11, plaintiff Thomas Giuliani’s
response, Dkt. No. 12 and defendant’s reply brief, Dkt. No. 13, it is hereby ORDERED that the
motion is GRANTED IN PART and DENIED IN PART as follows:
1.

Defendant’s motion to strike is GRANTED and paragraphs 34–37, 39(g) and 41–
44 are DISMISSED WITH PREJUDICE.

2.

Defendant’s motion to dismiss Counts I and II of the complaint is DENIED.

3.

Defendant’s motion to dismiss Count III of the complaint is GRANTED and this
claim is DISMISSED WITH PREJUDICE.

/s/ Thomas N. O’Neill, Jr.
THOMAS N. O’NEILL, JR., J.