FULTON BANK, NATIONAL ASSOCIATION v. NATCITY INVESTMENTS, INC.

Filing 28

ORDER THAT DEFT'S MOTION TO DISMISS IS GRANTED IN PART & DENIED IN PART, ETC. IT IS FURTHER ORDERED THAT ALL DISCOVERY DUE BY 1/3/2014. TELEPHONE STATUS CONFERENCE SET FOR 12/13/2013 AT 11:30 A.M., ETC. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 10/15/13. 10/15/13 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
FULTON FINANCIAL ADVISORS, NA,
Plaintiff
vs.
NATCITY INVESTMENTS, INC.,
Defendant

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CIVIL ACTION

NO. 09-4855

ORDER
AND NOW, this 15th

day of October, 2013, upon consideration of the defendant’s motion to

dismiss (Document #12), and all responses and replies thereto, IT IS HEREBY ORDERED that the
motion is GRANTED in part and DENIED in part as follows:
1.

The motion is GRANTED as to the plaintiff’s first, second, third, fourth, fifth, eighth, and

ninth causes of action, asserting claims for violations of the Pennsylvania Securities Act, equitable
rescission, negligent misrepresentation, common law fraud, and aiding and abetting fraud.
2.

The motion is GRANTED as to the plaintiff’s request for attorney’s fees.

3.

The motion is DENIED as to the plaintiff’s sixth and seventh causes of action, asserting

claims for negligence and breach of fiduciary duty.
4.

The motion is also DENIED to the extent that it seeks to strike immaterial matter from the

plaintiff’s complaint.
IT IS FURTHER ORDERED that:
1.

All discovery shall be completed by Friday, January 3, 2014.

2.

A telephone status conference will be conducted on Friday, December 13, 2013 at

11:30 a.m. Counsel for the plaintiff shall initiate the call, and include the law clerk
(267-299-7764).
BY THE COURT:
/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.