Developers Surety & Indemnity Co. v. Mathias et al

Filing 37

ORDER (Memorandum 36 filed previously as separate docket entry) - It is hereby ORDERED that: 1. Deft Charter Homes' MTD 23 is GRANTED in part & DENIED in part: a. Granted w/ re: Cutns III, IV,V & VI of complaint, & b. DENIEDw/ re: Count VII of complaint. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 12/11/13. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

DEVELOPERS SURETY &
INDEMNITY CO.
v.
SHAHNAWAZ MATHIAS,
DEBRA MATHIAS,
EASTERN DEVELOPMENT &
DESIGN, and CHARTER HOMES
BUILDING COMPANY

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Civil Action No. 1:12-CV-2216
(Chief Judge Conner)

ORDER
AND NOW, this 11th day of December, 2013, upon consideration of the
motion to dismiss (Doc. 23) by defendant Charter Homes Building Company, and
for the reasons set forth in the accompanying memorandum, it is hereby
ORDERED that:
1.

Defendant’s motion to dismiss (Doc. 23) is GRANTED in part and
DENIED in part:
a.

The motion is GRANTED with respect to counts III, IV, V, and
VI of the complaint (Doc. 1); and

b.

The motion is DENIED with respect to count VII of the
complaint (Doc. 1).

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania