SCHWARTZ et al v. ACCURATUS CORPORATION et al

Filing 66

OPINION/ORDER THAT THE MOTIONS TO DISMISS FILED BY DEFENDANT MATERION BRUSH INC. (#50) AND DEFENDANT ACCURATUS CORPORATION (#55) ARE GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 3/24/14. 3/25/14 ENTERED AND COPIES E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
BRENDA ANN SCHWARTZ and PAUL GRANT
SCHWARTZ,
Plaintiffs,
CIVIL ACTION
NO. 12-6189

v.
ACCURATUS CORPORATION, it is own right
and as successor in interest to Accuratus Ceramic
Corporation, and MATERION BRUSH INC., c/o
C T Corporation System,
Defendants.
ORDER

AND NOW, this 24th day of March, 2014, upon consideration of the Motions to
Dismiss filed by Defendant Materion Brush Inc. (Docket #50) and Defendant Accuratus
Corportation (Docket #55) and all supporting and opposing papers, it is hereby
ORDERED that the Motions are GRANTED IN PART AND DENIED IN PART as
follows:
1. Accuratus Corporation’s Motion to Dismiss (Docket #55) is GRANTED
with respect to Count I, and Count I is DISMISSED WITH
PREJUDICE.
2. Accuratus Corporation’s Motion to Dismiss (Docket #55) is DENIED
with respect to Count II.
3. Accuratus Corporation’s Motion to Dismiss (Docket #55) is GRANTED
with respect to Count III, and Count III is DISMISSED WITH
PREJUDICE.

4. Accuratus Corporation’s Motion to Dismiss (Docket #55) is GRANTED
with respect to Count IV, and Count IV is DISMISSED WITH
PREJUDICE.
5. Materion Brush’s Motion to Dismiss (Docket #50) is DENIED with
respect to Count V.
6. Materion Brush’s Motion to Dismiss (Docket #50) is DENIED with
respect to Count VI.
7. Materion Brush’s Motion to Dismiss (Docket #50) is GRANTED with
respect to Count VII, and Count VII is DISMISSED WITH
PREJUDICE.
8. Materion Brush’s Motion to Dismiss (Docket #50) is DENIED with
respect to Count VIII.
9. The Motions of both Defendants (Docket ##50 and #55) are DENIED
with respect to Count IX.
10. The Motions of both Defendants (Docket ##50 and #55) are DENIED
with respect to Count X.

BY THE COURT:

/s/ Jeffrey L. Schmehl
Jeffrey L. Schmehl, J.

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