CARDIOLOGY CARE FOR CHILDREN INC. v. RAVI

Filing 8

ORDER THAT THE MOTION TO DISMISS, ECF NO. 3 , IS GRANTED IN PART AND DENIED IS PART AS FOLLOWS: A. THE MOTION IS DENIED WITH RESPECT TO ONE THEORY OF LIABILITY IN THE BREACH OF CONTRACT CLAIM AND COUNT ONE OF THE COMPLAINT MAY PROCEED. B. THE MOTION IS DENIED WITHOUT PREJUDICE REGARDING THE REQUEST TO DISMISS OR STRIKE THE LIQUIDATED DAMAGES PROVISION IN THE EMPLOYMENT AGREEMENT. C. THE MOTION IS GRANTED AS TO THE PROMISSORY ESTOPPEL CLAIM AND COUNT TWO IS DISMISSED WITH PREJUDICE. D. THE MOTION IS GRANTED AS TO THE UNJUST ENRICHMENT CLAIM AND COUNT THREE IS DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 4/18/18. 4/19/18 ENTERED AND COPIES E-MAILED.(mas, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
CARDIOLOGY CARE FOR CHILDREN INC.,
Plaintiff,

:
:
:
v.
:
:
PRASAD RAVI, M.D.,
:
Defendant.
:
__________________________________________

No. 5:17-cv-04743

ORDER
AND NOW, this 18th day of April, 2018, for the reasons set forth in the Opinion issued
this date, IT IS ORDERED THAT:
1.

The Motion to Dismiss, ECF No. 3, is GRANTED in part and DENIED is part

as follows:
A.

The Motion is denied with respect to one theory of liability in the breach

of contract claim and Count One of the Complaint may proceed.
B.

The Motion is denied without prejudice regarding the request to dismiss or

strike the liquidated damages provision in the Employment Agreement.
C.

The Motion is granted as to the promissory estoppel claim and Count Two

is DISMISSED with prejudice.
D.

The Motion is granted as to the unjust enrichment claim and Count Three

is DISMISSED with prejudice.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.________
JOSEPH F. LEESON, JR.
United States District Judge

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