Simply Snackin, Inc. et al v. S-L Distribution Company, Inc. et al

Filing 65

ORDER: In accord with the accompanying Memorandum 64 , Dfts' mtn to dismiss 52 is granted in part and denied in part as follows: 1) The mtn is GRANTED WITH PREJUDICE as to Counts I and II as stated against Dft Snyders-Lance;2) The mtn is DENI ED as to Counts I and II as stated against Dft S-L Distributors;3) The mtn is GRANTED WITH PREJUDICE as to Counts III and IV as stated against Dft S-L Distributors, and without prejudice as to Dft Snyders-Lance.4) The mtn is GRANTED WITH PREJUDICE as to all claims brought by Pltf Jason Isanberg.Signed by Honorable Sylvia H. Rambo on 12/6/17. (ma)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA SIMPLY SNACKIN, INC. and JASON ISANBERG, Plaintiffs, v. S-L DISTRIBUTORS and SNYDER’S-LANCE, Defendant. : : : : : : : : : : : Civil No. 1:17-CV-0381 Judge Sylvia H. Rambo ORDER In accordance with the accompanying memorandum of law, IT IS HEREBY ORDERED that Defendants’ motion to dismiss the amended complaint for failure to state a claim (Doc. 52) is granted in part and denied in part as follows: 1) The motion is GRANTED WITH PREJUDICE as to Counts I and II as stated against Defendant Snyder’s-Lance; 2) The motion is DENIED as to Counts I and II as stated against Defendant S-L Distributors; 3) The motion is GRANTED WITH PREJUDICE as to Counts III and IV as stated against Defendant S-L Distributors, and without prejudice as to Defendant Snyder’s-Lance. 4) The motion is GRANTED WITH PREJUDICE as to all claims brought by Plaintiff Jason Isanberg. Dated: December 6, 2017 s/Sylvia H. Rambo SYLVIA H. RAMBO United States District Judge

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