AutoTrakk, LLC v. Automotive Leasing Specialists et al

Filing 51

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that Defendants' Motion to Dismiss [#44] is granted in part and denied in part; Pursuant to FRCP 12(a)(4)(A), Defendants shall answer Plaintiff's Second Amended Complaint within 14 days of the date of this order. (see order for further/complete details) Signed by Honorable Matthew W. Brann on 2/6/18. (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
AUTOTRAKK, LLC,

No. 4:16-CV-01981

Plaintiff.

(Judge Brann)

v.
AUTOMOTIVE LEASING
SPECIALISTS, INC., MICHAEL C.
CAFFREY, GEORGE STAUFFER,
Defendants.
ORDER
AND NOW, this 6th day of February 2018, in accordance with the
accompanying Memorandum, IT IS HEREBY ORDERED that:
1.

Defendants’ Motion to Dismiss, ECF No. 44, is GRANTED IN
PART and DENIED IN PART as follows:
a. The motion is DENIED as to Counts I and II of Plaintiff’s Second
Amended Complaint, ECF No. 40 ¶¶ 47-65.
b. The motion is GRANTED WITH PREJUDICE as to Count IV
of Plaintiff’s Second Amended Complaint, ECF No. 40 ¶¶ 72-77.
c. The motion is DENIED as to Count VI of Plaintiff’s Second
Amended Complaint, ECF No. 4 ¶¶ 82-85.

2. Pursuant to Federal Rule of Civil Procedure 12(a)(4)(A), Defendants
shall answer Plaintiff’s Second Amended Complaint within 14 days of
the date of this Order.
BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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