ALARMAX DISTRIBUTORS, INC. v. HONEYWELL INTERNATIONAL, INC.

Filing 34

MEMORANDUM ORDER granting in part and denying in part 18 Motion to Dismiss; motion granted insofar as plaintiff bases breach of contract claim on breaches of Section 5(f) of the Settlement Agreement or identified sections of Supply Agreement. Further ordered that 28 Report and Recommendation of Magistrate Judge Kelly is adopted as the opinion of the Court. Signed by Judge David S. Cercone on 6/9/15. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ALARMAX DISTRIBUTORS, INC.,
Plaintiff,
v.
HONEYWELL INTERNATIONAL, INC.,
Defendant.

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2:14cv1527
Electronic Mail
Judge David Stewart Cercone
Chief Magistrate Judge Maureen P. Kelly
Re: ECF No. 18

MEMORANDUM ORDER
AND NOW, this 9th day of June, 2015, after Plaintiff filed an action in the abovecaptioned case, and after Defendant filed a Motion to Dismiss, ECF No. 18, and after a Report
and Recommendation was filed by the Chief United States Magistrate Judge giving the parties
until May 21, 2015 to file written objections thereto, and upon consideration of the objections
filed by Defendant, and upon independent review of the record, and upon consideration of the
Magistrate Judge=s Report and Recommendation, which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that Defendant’s Motion to Dismiss (ECF No. 18) is
GRANTED in part and DENIED in part. The Motion is GRANTED insofar as AlarMax bases
its breach of contract claim on breaches of Section 5(f) of the Settlement Agreement or any of
the identified sections of the Supply Agreement by Honeywell, and DENIED in all other
respects.

s/ DAVID STEWART CERCONE
David Stewart Cercone
United States District Judge

cc:

Honorable Maureen P. Kelly
Chief United States Magistrate Judge
Gretchen L. Jankowski, Esquire
Wendelynne J. Newton, Esquire
Mackenzie A. Baird, Esquire
William C. MacLeod, Esquire
Alison L. MacGregor, Esquire
Sung W. Kim, Esquire
William Pietragallo, II, Esquire
(Via CM/ECF Electronic Mail)

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