Rogers et al v. Gentex Corporation

Filing 67

ORDER 1. Defendant's Motion to Dismiss, (Doc. 34), is GRANTED IN PART AND DENIED IN PART. 2. Defendant's Motion to Dismiss Count I is DENIED. 3.Defendant's Motion to Dismiss Count 1\ is DENIED. 4. Defendant's Motion to Dismis s Count III is GRANTED. Count III is DISMISSED AS MOOT. 5. Defendant's Motion to Dismiss Count IV is DENIED. 6. Defendant's Motion to Dismiss Count Vis GRANTED. Count Vis DISMISSED WITHOUT PREJUDICE. 7. Defendant's Motion to Dismiss Co unt VI is GRANTED. Count VI is DISMISSED WITHOUT PREJUDICE. 8.Defendant's Motion to Dismiss Count VII is GRANTED. Count VII is DISMISSED WITHOUT PREJUDICE. 9. Plaintiffs may file aSecond Amended Complaint within twenty-one (21) days of the date of this Order. Signed by Honorable Robert D. Mariani on 3/6/17. (jfg)

IN THE UNITED STATES DISTRICT COURT

FOR 'rHE MIDDLE DISTRICT OF PENNSYLVANIA

DAVID ROGERS and OPTION·X, LLC

Plaintiffs,

v.

3:16·CV·00137
(JUDGE MARIANI)

GENTEX CORPORATION,
Defendant.
.

AND NOW, THIS

ORDER

b OF MARCH 2017, upon consideration of Defendant's
~AY

Motion to Dismiss, (Doc. 34), IT IS HEREBY ORDERED THAT:
1. Defendant's Motion to Dismiss, (Doc. 34), is GRANTED IN PART AND DENIED
IN PART.

2. Defendant's Motion to Dismiss Count I is DENIED.
3. Defendant's Motion to Dismiss Count 1\ is DENIED.
4. Defendant's Motion to Dismiss Count III is GRANTED. Count III is DISMISSED
AS MOOT.

5. Defendant's Motion to Dismiss Count IV is DENIED.
6. Defendant's Motion to Dismiss Count Vis GRANTED. Count Vis DISMISSED
WITHOUT PREJUDICE.

7. Defendant's Motion to Dismiss Count VI is GRANTED. Count VI is DISMISSED
WITHOUT PREJUDICE.

8. Defendant's Motion to Dismiss Count VII is GRANTED. Count VII is
DISMISSED WITHOUT PREJUDICE.

9. Plaintiffs may file a Second Amended Complaint within twenty-one (21) days of
the date of this Order.

obert D. Mariani
United States District Judge

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