REESE et al v. POOK & POOK, LLC et al

Filing 119

ORDER THAT POOK & POOK DEFTS' MOTION TO DISMISS (DOC. #91) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN, ETC. SIGNED BY CHIEF JUDGE LAWRENCE F. STENGEL ON 12/19/17. 12/19/17 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CARTER P. and SARAH REESE
(HUSBAND AND WIFE),
Plaintiffs
vs.
POOK & POOK, LLC, et al.,
Defendants

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CIVIL ACTION

NO. 14-5715

ORDER
AND NOW, this

19th

day of December, 2017, upon consideration of

the Pook & Pook Defendants’ motion to dismiss (Document #91), the response of the
plaintiffs in opposition thereto (Document #93), and the Pook & Pook Defendants’ reply
brief (Document #97), IT IS HEREBY ORDERED that the motion is GRANTED in part
and DENIED in part, as follows:
1. The motion to dismiss Counts I and II is DENIED.
2. The motion to dismiss Count III is GRANTED as to the corporate defendant
only, but DENIED as to the individual Pook Defendants.
3. The motion to dismiss Count IV is GRANTED as to the individual Pook
defendants, but DENIED as to the corporate defendant.1
4. The motion to dismiss Count V is GRANTED as to the moving defendants
only.
BY THE COURT:
/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, C. J.
1

Count IV alleges a breach of contract under two separate theories. The motion to dismiss
under the sub-claim of good faith and fair dealing against the corporate defendant is denied, but
the motion under the sub-claim of dishonesty in fact against the corporate defendant is granted.