METCALF et al v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. et al

Filing 221

ORDER (memorandum filed previously as separate docket entry): IT IS HEREBY ORDERED that 213 Defendants' Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART as follows: The motion is GRANTED as to Plaintiffs' RICO claim (Cou nt I); The motion is GRANTED as to Plaintiffs' demand for damages in the form of lost profits; The motion is DENIED as to Plaintiffs' demand for damages in the form of lost pre-production expenses; The motion is DENIED as to Plaintiffs' ; Breach of Fiduciary Duty claim (Count V). Upon the resolution of the remaining claims in this case, the Clerk of Court is directed to enter judgment in favor of Defendants on Count I of Plaintiffs' Second Amended Complaint. Signed by Honorable Matthew W. Brann on 10/10/2017. (jn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LINDA METCALF, MICHELLE
HARTLY, FILMWEST
PRODUCTIONS, LLC, SUNWEST
CAPITAL MANAGEMENT, Inc.
d/b/a SPIRIT HALLOWEEN,
DO YOU KNOW WHERE YOUR
PARENTS ARE, LLC

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Plaintiffs,
v.
MERRILL LYNCH, PIERCE,
FENNER & SMITH, Inc. and
ROBIN BRUBACHER,
Defendants.

No. 4:11-CV-00127
(Judge Brann)

ORDER
AND NOW, this 10th day of October 2017, in accordance with the
accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1.

Defendants’ Motion for Summary Judgment, ECF No. 213, is
GRANTED IN PART AND DENIED IN PART as follows:
a. The motion is GRANTED as to Plaintiffs’ RICO claim (Count I).
b. The motion is GRANTED as to Plaintiffs’ demand for damages in
the form of lost profits.
c. The motion is DENIED as to Plaintiffs’ demand for damages in
the form of lost pre-production expenses.

d. The motion is DENIED as to Plaintiffs' Breach of Fiduciary Duty
claim (Count V).
2. Upon the resolution of the remaining claims in this case, the Clerk of
Court is directed to enter judgment in favor of Defendants on Count I of
Plaintiffs’ Second Amended Complaint, ECF No. 122.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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