PELLEGRINO v. EPIC GAMES, INC.

Filing 29

ORDER THAT DEFENDANT'S MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. DEFENDANT SHALL FILE AN ANSWER TO COMPLAINT NO LATER THAN 4/15/20. SIGNED BY HONORABLE JOHN R. PADOVA ON 3/31/20. 3/31/20 ENTERED AND COPIES NOT MAILED TO COUNSEL AND E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LEO PELLEGRINO
v.
EPIC GAMES, INC.

: CIVIL ACTION
:
:
:
: NO. 19-1806
ORDER

AND NOW, this 31st day of March, 2020, upon consideration of Defendant Epic Games,
Inc.’s “Motion to Dismiss” (Docket No. 14), all documents filed in connection therewith, and the
Oral Argument held on March 3, 2020, and for the reasons stated in the accompanying
Memorandum, IT IS HEREBY ORDERED that the Motion is GRANTED IN PART and
DENIED IN PART as follows:
1. The Motion is GRANTED with respect to Counts I, II, III, IV, V, VII, and VIII, and
these claims are DISMISSED with prejudice.
2. The Motion is GRANTED with respect to Count VI insofar as Count VI is based on a
false designation of origin theory, and the claim in Count IV is DISMISSED with
prejudice insofar as it is based on that theory.
3. The Motion is DENIED with respect to Count VI insofar as Count VI is based on a
false endorsement theory.
4. Defendant shall file an Answer to the Complaint no later than April 15, 2020.

BY THE COURT:
/s/ John R. Padova
John R. Padova, J.