Dyvex Industries, Inc. v. Agilex Flavors & Fragrances, Inc. et al

Filing 33

ORDER (memorandum filed previously as separate docket entry)1.The motion to dismiss filed by third-party defendant Frank Manchio, (Doc. No. 17), is GRANTED IN ITS ENTIRETY. 2.To the extent third-party plaintiffs intended to plead direct liability cla ims, the motion to dismiss those claims, (Doc. No. 17), is GRANTED. 3.The motion to dismiss the indemnity claims, (Doc. No. 17), is GRANTED because third-party plaintiffs concede to their dismissal. 4.The motion to dismiss the contribution claims, (D oc. No. 17), is GRANTED with respect to the breach of contract and breach of warranty claims because third-party plaintiffs concede to their dismissal. 5.The motion to dismiss the request for punitive damages, (Doc. No. 17), is GRANTED as to all claims because the motion is unopposed in this regard. Signed by Honorable Malachy E Mannion on 8/26/13. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
DYVEX INDUSTRIES, INC.,

:

Plaintiff,

:

v.

:

AGILEX FLAVORS &
FRAGRANCES, INC., et al.,

:

Civil No. 12-CV-0979

:
Defendants and
Third Party Plaintiffs,

(JUDGE MANNION)
:

v.

:

BUSS, INC. & FRANK MANCHIO,
Third Party Defendants

:
:

ORDER
IT IS HEREBY ORDERED:
1.

The motion to dismiss filed by third-party defendant Frank
Manchio, (Doc. No. 17), is GRANTED IN ITS ENTIRETY.

2.

To the extent third-party plaintiffs intended to plead direct liability
claims, the motion to dismiss those claims, (Doc. No. 17), is
GRANTED.

3.

The motion to dismiss the indemnity claims, (Doc. No. 17), is
GRANTED because third-party plaintiffs concede to their
dismissal.

4.

The motion to dismiss the contribution claims, (Doc. No. 17), is
GRANTED with respect to the breach of contract and breach of

warranty claims because third-party plaintiffs concede to their
dismissal.
5.

The motion to dismiss the request for punitive damages, (Doc.
No. 17), is GRANTED as to all claims because the motion is
unopposed in this regard.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
DATE: August 26, 2013
O:\Mannion\shared\MEMORANDA - DJ\2012 MEMORANDA\12-979-01-ORDER.wpd

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