RIVARD et al v. BELLO et al

Filing 18

MEMORANDUM AND ORDER THAT THE DEFENDANTS' MOTION TO DISMISS (DOC. NO.6) IS GRANTED IN PART AND DENIED IN PART. THE MOTION IS GRANTED AS TO FRAUD CLAIM CONTAINED IN COUNT III. COUNT III IS DISMISSED WITHOUT PREJUDICE TO PLAINTIFFS' RIGHT TO AMEND THE COMPLAINT TO CLARIFY THE CLAIM. PLAINTIFFS ARE GRANTED LEAVE TO FILE AN AMENDED COMPLAINT WITHIN 21 DAYS OF THE DATE OF THIS ORDER. THE MOTION IS DENIED IN ALL OTHER RESPECTS. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/27/2013. 3/28/2013 ENTERED AND COPIES E-MAILED. (kk, ) (Main Document 18 replaced on 3/28/2013) (kk, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
ROBERT RIVARD and DOGLEG
:
PROPERTIES, INC. formerly known as
:
RIVARD POPCORN PRODUCTS, INC.,
:
Plaintiffs,
:
CIVIL ACTION
:
v.
:
NO. 12-4642
:
JERRY BELLO, et al.,
:
Defendants.
:
ORDER
AND NOW, this 27th day of March 2013, upon consideration of Defendants’ Motion to
Dismiss (Doc. No. 6) and the responses and replies thereto, and for the reasons stated in the
accompanying Opinion, 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 fraud claim contained in Count III. Count III

is DISMISSED without prejudice to Plaintiffs’ right to amend the complaint to clarify the
claim. Plaintiffs are granted leave to file an amended complaint within 21 days of the date of
this Order.
2.

The Motion is DENIED in all other respects.

It is so ORDERED.

BY THE COURT:
/s/ Cynthia M. Rufe
______________________
CYNTHIA M. RUFE, J.