Vital Pharmaceuticals, Inc. v. USA Sports, LLC et al

Filing 21

ORDER re 20 Memorandum (Order to follow as separate docket entry), Motions terminated: 4 MOTION to Dismiss Amended Complaint filed by Joseph Mies, Robert O'Leary, USA Sports, LLC. IT IS HEREBY ORDERED that:1.Defendants Motion to Dism iss the First Amended Complaint (Doc. 4) is GRANTED in part and DENIED in part. 2.Defendants motion to dismiss Count V of Plaintiffs First Amended Complaint, breach of Section 9-504 of the Uniform Commercial Code, and Count VI of Plaintiffs First Ame nded Complaint, action to set aside fraudulent transfer pursuant to the Pennsylvania Uniform Fraudulent Transfer Act, is GRANTED. Plaintiff will have twenty-one (21) days to amend its complaint to properly plead these claims; otherwise, the claims w ill be dismissed with prejudice.3.Defendants motion to dismiss Plaintiffs successor liability claims, Counts I-IV, and breach of fiduciary duty claim, Count VII, is DENIED. 4.Defendant Robert OLeary is DISMISSED from this action.Signed by Honorable A. Richard Caputo on 3/7/12. (jam, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
VITAL PHARMACEUTICALS, INC., d/b/a
VPX/Redline,
CIVIL ACTION NO. 3:11-CV-975

Plaintiff,
v.

(JUDGE CAPUTO)

USA SPORTS, LLC, JOSEPH MIES, and
ROBERT O’LEARY,
Defendants.
ORDER

NOW, this 7th day of March, 2012, IT IS HEREBY ORDERED that:
1.

Defendants’ Motion to Dismiss the First Amended Complaint (Doc. 4) is
GRANTED in part and DENIED in part.

2.

Defendants’ motion to dismiss Count V of Plaintiff’s First Amended
Complaint, breach of Section 9-504 of the Uniform Commercial Code, and
Count VI of Plaintiff’s First Amended Complaint, action to set aside
fraudulent transfer pursuant to the Pennsylvania Uniform Fraudulent
Transfer Act, is GRANTED. Plaintiff will have twenty-one (21) days to
amend its complaint to properly plead these claims; otherwise, the claims
will be dismissed with prejudice.

3.

Defendants’ motion to dismiss Plaintiff’s successor liability claims, Counts
I-IV, and breach of fiduciary duty claim, Count VII, is DENIED.

4.

Defendant Robert O’Leary is DISMISSED from this action.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge