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 DENIED 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)

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.

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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