HIRTLE CALLAGHAN HOLDINGS INC. et al v. THOMPSON et al

Filing 14

ORDER THAT THE 6 MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART, AS FOLLOWS: PLAINTIFFS MOTION IS DENIED AS TO COUNTERCLAIM 2 (PROMISSORY ESTOPPEL); COUNTERCLAIM 6 (ARIZONA WAGE LAWS CLAIM); AND COUNTERCLAIM 7 (DECLARATORY RELIEF). PLAINT IFFS MOTION IS DENIED AS TO COUNTERCLAIM 3 (BREACH OF FIDUCIARY DUTY) AGAINST PLAINTIFF HIRTLE CALLAGHAN HOLDINGS, INC. THE MOTION IS GRANTED AS TO COUNTERCLAIM 3 AGAINST PLAINTIFF HIRTLE, CALLAGHAN & CO., LLC. COUNTERCLAIM 3 IS DISMISSED AGAINST PLA INTIFF HIRTLE, CALLAGHAN & CO., LLC. PLAINTIFFS MOTION IS GRANTED AS TO COUNTERCLAIM 1 (BREACH OF CONTRACT); COUNTERCLAIM 4 (VIOLATION OF PENNSYLVANIA WPCL); AND COUNTERCLAIM 5 (VIOLATION OF DELAWARE WPCA). COUNTERCLAIMS 1, 4, AND 5 ARE DISMISSED WITHOUT PREJUDICE. MR. THOMPSON HAS FOURTEEN (14) DAYS FROM THE DATE OF THIS ORDER TO FILE AMENDED COUNTERCLAIMS 1, 4, AND 5.. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 9/30/20. 9/30/20 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

HIRTLE CALLAGHAN HOLDINGS,
ET AL.,
v.
CURT R. THOMPSON, ET AL.

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CIVIL ACTION
NO. 18-2322

ORDER
AND NOW, this 30th day of September 2020, upon consideration of Plaintiffs’ Motion
to Dismiss Defendant Curt R. Thompson’s Counterclaims (ECF No. 6), and all documents
submitted in support thereof and in opposition thereto, it is ORDERED that the Motion is
GRANTED in part and DENIED in part, as follows:

1.

Plaintiffs’ Motion is DENIED as to Counterclaim 2 (promissory estoppel);
Counterclaim 6 (Arizona wage laws claim); and Counterclaim 7 (declaratory
relief).

2.

Plaintiffs’ Motion is DENIED as to Counterclaim 3 (breach of fiduciary duty)
against Plaintiff Hirtle Callaghan Holdings, Inc. The Motion is GRANTED as to
Counterclaim 3 against Plaintiff Hirtle, Callaghan & Co., LLC. Counterclaim 3 is
DISMISSED against Plaintiff Hirtle, Callaghan & Co., LLC.

3.

Plaintiff’s Motion is GRANTED as to Counterclaim 1 (breach of contract);
Counterclaim 4 (violation of Pennsylvania WPCL); and Counterclaim 5 (violation
of Delaware WPCA). Counterclaims 1, 4, and 5 are DISMISSED without

prejudice. Mr. Thompson has fourteen (14) days from the date of this Order to
file amended Counterclaims 1, 4, and 5.

IT IS SO ORDERED.
BY THE COURT:

/s/ R. Barclay Surrick
R. BARCLAY SURRICK, J.

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