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

Filing 51

ORDER THAT MOTION TO DISMISS OF DEFTS MAIN ANTIQUE DIGEST, KATE PENNINGTON, S. CLAYTON PENNINGTON, & LITA SOLIS-COHEN (DOC. #25) IS GRANTED. MOTION TO DISMISS OF DEFTS POOK & POOK, LLC, DEBRA POOK, JAMES POOK, RON POOK, & JAMIE SHEARER (DOC. #26) IS GRANTED. MOTION TO DISMISS OF DEFTS JAY LOWE AND CONNIE AND JAY LOWE ANTIQUES (DOC. #27) IS GRANTED IN PART & DENIED IN PART, ETC. MOTION TO DISMISS OF DEFT MIKE CAFFARELLA (DOC. #30) IS GRANTED IN PART & DENIED IN PART, ETC. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 1/27/16. 1/28/16 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., RON POOK,
DEBRA POOK, JAMES POOK, JAY
LOWE, CONNIE & JAY LOWE
ANTIQUES, MIKE CAFFARELLA,
JAMIE SHEARER, MAINE
ANTIQUE DIGEST, S. CLAYTON
PENNINGTON,
KATE PENNINGTON, and LITA
SOLIS-COHEN
Defendants

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CIVIL ACTION

NO. 14-5715

ORDER
AND NOW, this 27th day of January, 2016, in consideration of the following
Motions, all Responses and Replies thereto, it is hereby ORDERED as follows:
1. The Motion to Dismiss of Defendants Maine Antique Digest, Kate
Pennington, S. Clayton Pennington, and Lita Solis-Cohen (Document #25)
is GRANTED.
2. The Motion to Dismiss of Defendants Pook & Pook, LLC, Debra Pook,
James, Pook, Ron Pook, and Jamie Shearer (Document #26) is
GRANTED.
3. The Motion to Dismiss of Defendants Jay Lowe and Connie and Jay Lowe
Antiques (Document #27) is GRANTED IN PART AND DENIED IN
PART. The Motion is GRANTED as to as to Count II (Lanham Act),

Count III (unfair competition), Count IV (antitrust claims), Count V
(commercial disparagement), Count VI (false light), Count VII (injurious
falsehood), Count VIII (breach of fiduciary duty), and Count X (breach of
contract) of Plaintiffs’ Amended Complaint. The Motion is DENIED as to
Count I (conspiracy), Count IX (negligence), and Count XI (unjust
enrichment).
4. The Motion to Dismiss of Defendant Mike Caffarella (Document #30) is
GRANTED IN PART AND DENIED IN PART. The Motion is
GRANTED as to as to Count II (Lanham Act), Count III (unfair
competition), Count IV (antitrust claims), Count V (commercial
disparagement), Count VI (false light), Count VII (injurious falsehood), and
Count X (breach of contract) of Plaintiffs’ Amended Complaint. The
Motion is DENIED as to Count I (conspiracy), Count VIII (breach of
fiduciary duty), Count IX (negligence), and Count XI (unjust enrichment).
BY THE COURT:
/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.

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