LIVE FACE ON WEB, LLC v. CREMATION SOCIETY OF ILLINOIS, INC. et al

Filing 52

MEMORANDUM ORDER THAT PLAINTIFF'S MOTION TO DISMISS DEFENDANTS' COUNTERCLAIM (DOC. NO. 45 ) IS GRANTED IN PART AND DENIED IN PART. ALL COUNTERCLAIMS ARISING UNDER THE PA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW ARE DISMISSED WITH PREJUDICE. THE COMPUTER FRAUD AND ABUSE ACT COUNTERCLAIM IS DISMISSED WITHOUT PREJUDICE. DEFENDANTS SHALL FILE AN AMENDED ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM ON OR BEFORE 5/24/2019. PLAINTIFF'S MOTION TO STRIKE CERTAIN AFFIRMATIVE DEFENSES (DOC. NO. 46 ) IS DENIED AS MOOT. SIGNED BY HONORABLE BERLE M. SCHILLER ON 5/16/2019. 5/16/2019 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LIVE FACE ON WEB, LLC
Plaintiff,

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v.
CREMATION SOCIETY OF
ILLINOIS, INC., et al.,
Defendants.

CIVIL ACTION

No. 18-1718

ORDER
AND NOW, this 16th day of May 2019, upon consideration of Plaintiff’s Motion to
Dismiss Defendants’ Counterclaim, Defendants’ response, and for the reasons provided in the
Court’s Memorandum dated May 16, 2019, it is ORDERED that:
1. The motion (Document No. 45) is GRANTED in part and DENIED in part.
2. All counterclaims arising under the Pennsylvania Unfair Trade Practices and
Consumer Protection Law are DISMISSED with prejudice.
3. The Computer Fraud and Abuse Act counterclaim is DISMISSED without
prejudice.
4. Defendants shall file an Amended Answer, Affirmative Defenses, and Counterclaim
on or before May 24, 2019.
It is FURTHER ORDERED that Plaintiff’s Motion to Strike Certain Affirmative
Defenses (Doc. No. 46) is DENIED as moot.

BY THE COURT:

Berle M. Schiller, J.