SCHWARTZ et al v. ACCURATUS CORPORATION et al

Filing 98

OPINION/ORDER THAT DEFENDANT'S MOTION TO DISMISS IS DENIED, AND COUNTS I, IX AND X MAY PROCEED AS AGAINST DEFENDANT ACCURATUS. ALL OTHER COUNTS REMAIN DISMISSED IN ACCORDANCE WITH PRIOR ORDER, AS THE THIRD CIRCUIT VACATED ONLY THE DISMISSAL OF COUNT I. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 3/30/17. 3/30/17 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, in its own right
and as successor in interest to Accuratus Ceramic
Corporation,
Defendant.
ORDER

AND NOW, this 30th day of March, 2017, upon consideration of the parties’
supplemental briefing following remand, after argument held, and for the reasons more
fully stated in the accompanying memorandum opinion, it is hereby ORDERED that
Defendant’s Motion to Dismiss is DENIED, and Counts I, IX, and X may proceed as
against Defendant Accuratus.
All other counts remain dismissed in accordance with prior order, as the Third
Circuit vacated only the dismissal of Count I.

BY THE COURT:

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