AGRI-MARKETING, INC. v. PROTERRA SOLUTIONS, LLC et al

Filing 19

ORDER THAT DEFENDANTS' MOTION, ECF NO. 14, IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS : DEFENDANTS' MOTION TO DISMISS THE SECOND AMENDED COMPLAINT FOR IMPROPER VENUE IS DENIED. DEFENDANTS' MOTION TO DISMISS COUNTS III , IV, AND V OF THE SECOND AMENDED COMPLAINT IS GRANTED AND THE CLAIMS ALLEGED IN THOSE COUNTS ARE DISMISSED WITH PREJUDICE. PLAINTIFF'S REQUEST FOR "FEES" IS STRICKEN. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/22/18. 3/23/18 ENTERED AND COPIES E-MAILED.(er, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
AGRI-MARKETING, INC., doing business as
USA GYPSUM,

:
:
:
Plaintiff,
:
:
v.
:
:
PROTERRA SOLUTIONS, LLC;
:
STANLEY GIBSON; DEDORAH GIBSON; and :
MARK LAFON,
:
:
Defendants.
:
__________________________________________

No. 5:17-cv-00627

ORDER
AND NOW, this 20th day of March, 2018, upon consideration of Defendants’ Motion to
Dismiss, ECF No. 14, and for the reasons set forth in the Opinion issued this date, it is
ORDERED that Defendants’ Motion, ECF No. 14, is GRANTED in part and DENIED in
part as follows:
1. Defendants’ motion to dismiss the Second Amended Complaint for improper venue is
DENIED;
2. Defendants’ Motion to dismiss Counts III, IV, and V of the Second Amended Complaint
is GRANTED and the claims alleged in those counts are DISMISSED with prejudice;
3. Plaintiff’s request for “fees” is STRICKEN.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.__________
JOSEPH F. LEESON, JR.
United States District Judge
1
032018