MEYER et al v. DELAWARE VALLEY LIFT TRUCK, INC. et al

Filing 67

MEMORANDUM OPINION ORDER THAT DEFENDANTS' MOTIONS ARE GRANTED IN PART AND DENIED IN PART. DEFENDANTS' MOTIONS WITH RESPECT TO COUNTS THREE, FOUR, SIX, AND SEVEN ARE GRANTED. THE COUNTS ARE DISMISSED WITH PREJUDICE. DVLT, BARBARA MEYER, AND JOHN MEYER'S MOTION TO DISMISS COUNT ELEVEN IS GRANTED. COUNT ELEVEN IS DISMISSED WITH PREJUDICE AS TO DVLT, BARBARA MEYER, AND JOHN MEYER. THE LAW OFFICES OF BARRY F. PENN'S MOTION TO DISMISS COUNT ELEVEN IS GRANTED AS TO CONSPIRACY BUT DE NIED AS TO AIDING AND ABETTING. THE CONSPIRACY PORTION OF OCUNT ELEVEN IS DISMISSED WITH PREJUDICE AS TO THE LAW OFFICES OF BARRY F. PENN. DEFENDANTS' MOTIONS WITH RESPECT TO COUNTS ONE, TWO, EIGHT, NINE, AND TEN ARE DENIED. SIGNED BY HONORABLE WENDY BEETLESTONE ON 6/7/2019. 6/10/2019 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMES E. MEYER AND PEGGY LYNN
MEYER,
Plaintiffs,

CIVIL ACTION

v.
NO. 18-1118
DELAWARE VALLEY LIFT TRUCK,
INC., MATERIAL HANDLING POWER
DESIGNERS, LLC, JOHN W. MEYER,
BARBARA A. MEYER, AND LAW
OFFICES OF BARRY F. PENN, P.C.,
Defendants.
ORDER
AND NOW this 7th day of June, 2019, upon consideration of the Motion to Dismiss filed by
Delaware Valley Lift Truck, Inc. (DVLT), Barbara A. Meyer, and John W. Meyer (ECF No. 46),
the Motion to Dismiss filed by the Law Offices of Barry F. Penn, P.C. (ECF No. 48), and Plaintiffs
responses thereto (ECF Nos. 52 & 53), IT IS ORDERED that the Motions are GRANTED IN

PART AND DENIED IN PART as follows:

1. Defendants' motions with respect to Counts Three, Four, Six, and Seven are GRANTED.
The Counts are DISMISSED WITH PREJUDICE.
2. DVL T, Barbara Meyer, and John Meyer's motion to dismiss Count Eleven is GRANTED.
Count Eleven is DISMISSED WITH PREJUDICE as to DVLT, Barbara Meyer, and John
Meyer.
3. The Law Offices of Barry F. Penn's motion to dismiss Count Eleven is GRANTED as to
conspiracy but DENIED as to aiding and abetting. The conspiracy portion of Count Eleven
is DISMISSED WITH PREJUDICE as to the Law Offices of Barry F. Penn.
4. Defendants' motions with respect to Counts One, Two, Eight, Nine, and Ten are DENIED.

WENDY BEETLESTONE, J.