NEOPART TRANSIT, LLC. v. CBM GROUPE et al

Filing 37

OPINION/ORDER THAT DEFENDANTS' MOTIONS TO DISMISS, ECF NOS. 29 AND 30 ARE GRANTED IN PART AND DENIED IN PART. THE PARTIES SHALL COMPLETE ANY DISCOVERY BY OCTOBER 1, 2018. DEFENDANTS SHALL FILE AN ANSWER TO THE AMENDED COMPLAINT OR ANY RENEWED MOTION TO DISMISS ON OR BEFORE 10/1/18. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 6/13/18. 6/13/18 ENTERED AND COPIES E-MAILED. (ky, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
NEOPART TRANSIT, LLC,
Plaintiff,

:
:
:
v.
:
:
CBM N.A. INC.; CBM US INC.;
:
WALTER SUPPLEE; and CBM SAS,
:
Defendants.
:
____________________________________

No. 5:17-cv-3955

ORDER
AND NOW, this 13th day of June, 2018, upon consideration of Defendant Supplee’s
Motion to Dismiss, ECF No. 29, the Motion to Dismiss of Defendants CBM N.A. Inc., CBM US
Inc., and CBM SAS, ECF No. 30, Plaintiff’s Responses in Opposition, ECF Nos. 33-34, and the
CBM Defendants’ Reply, ECF No. 35, and for the reasons expressed in the Opinion issued this
date, IT IS HEREBY ORDERED THAT:
1. Defendants’ Motions to Dismiss, ECF Nos. 29-30, are granted in part and denied in
part.
2. Count VIII of the Amended Complaint, alleging tortious interference with prospective
contractual relations, is DISMISSED against all Defendants.
3. Defendant Supplee’s Motion is DENIED in all other respects.
4. The CBM Defendants’ Motion is DENIED without prejudice in all other respects,
subject to Defendants’ right to renew the motion at the close of jurisdictional discovery.
5. The parties shall complete any discovery relevant to this Court’s jurisdiction and whether
Plaintiff has made proper service by October 1, 2018.
6. Defendants shall file an answer to the Amended Complaint or any renewed motion to
dismiss for lack of jurisdiction or improper service on or before October 1, 2018.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.___________
JOSEPH F. LEESON, JR.
United States District Court
061218