ZITO v. APEX ASSET MANAGEMENT, LLC et al

Filing 10

ORDER THAT THE DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED WITH RESPECT TO THE CLAIMS AGAINST JOHN KLINE IN COUNTS ONE AND TWO. THOSE CLAIMS ARE DISMISSED WITHOUT PREJUDICE ETC AND THE DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS IS DENIED WITH RESPECT TO THE CLAIMS AGAINST APEX ASSET MANAGEMENT, LLC IN COUNTS ONE AND TWO ETC. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 3/31/17. 3/31/17 ENTERED AND COPIES EMAILED TO COUNSEL AND COPY TO LEGAL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DEBRA ANN ZITO
Plaintiff
v.
APEX ASSET MANAGEMENT, LLC,
and JOHN KLINE
Defendants

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CIVIL ACTION

NO. 16-2761

ORDER
AND NOW, this 31st day of March, 2017, upon consideration of the Defendants’
Motion for Judgment on the Pleadings and/or in the Alternative for Partial Summary Judgment
(Docket No. 6) and the Plaintiff’s Response in Opposition (Docket No. 8), it is hereby
ORDERED that:
1. The defendants’ motion for judgment on the pleadings is GRANTED with respect to
the claims against John Kline in counts one and two. Those claims are DISMISSED
WITHOUT PREJUDICE.
2. The defendants’ motion for judgment on the pleadings is GRANTED with respect to
the claims against John Kline and Apex Asset Management, LLC in counts three and
five. Those claims are DISMISSED WITHOUT PREJUDICE.
3. The defendants’ motion for judgment on the pleadings is DENIED with respect to the
claims against Apex Asset Management, LLC in counts one and two.
4. The defendants’ motion for judgment on the pleadings is DENIED with respect to the
claims against John Kline and Apex Asset Management, LLC in count four.
It is so ORDERED.
BY THE COURT:

/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.